Repose Re-Examined: When Does the Period Begin to Run?

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The Statute of Repose, N.J.S.A. 2A:14-1.1, was enacted in 1967 in an attempt to limit the liability of designers and contractors. In nearly as many years since its enactment, judicial interpretations have examined and reexamined the statute addressing issues ranging from its constitutionality to what constitutes an unsafe condition. One issue, however, which has often presented much debate is when the period of repose begins to run. While several opinions have attempted to answer this basic question, it was not until recently, with the decision Daidone v. Buterick Bulkheading, 191 N.J. 557 (2007), that our Supreme Court had spoken definitively on this subject.

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