November 16, 2012
The Connecticut Supreme Court recently held that lawsuits by the State cannot be barred by statutes of limitation or repose. Statutes of limitation and repose create time limits within which lawsuits must be commenced. The case, State of Connecticut v. Lombardo Bros. Mason Contractors, Inc. et al., involved alleged defects in the design and construction of a library at the University of Connecticut School of Law.
The State commenced its lawsuit 12 years after it began occupying the library and recognized the alleged defects, which was years after the normal time limits had expired. The trial court dismissed the State’s lawsuit as untimely. The Supreme Court reversed. According to the Supreme Court, the State need not comply with the normal time limits due to the ancient doctrine of nullum tempus occurrit regi, which literally means "no time runs against the king." Although the concept seems outdated, it is Connecticut law. The State can sue whenever the State gets around to it.
Should you have any questions with regard to the above, please contact your attorney or an attorney in our Construction practice group.
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