Romeo Revisited: Limiting the Statute of Limitations That Applies to Claims for Breach of a Construction Contract

Authors

Kristie M. Kachuriak

Abstract

In 42 Pa.C.S.A. § 5525(8), the Pennsylvania legislature clearly promulgated a four-year statute of limitations for all breach of contract claims arising out of written contracts. Nevertheless, the Pennsylvania Superior Court has interpreted the statute to require that a six-year limitations period be applied when the contract at issue is a construction contract. Even though the Pennsylvania Supreme Court expressly isolated and failed to affirm the superior court's conclusion on appeal, the argument in favor of the application of a six-year statute of limitations to such claims has never been definitively put to rest. After explaining the amendment to the statutory scheme that is the genesis of this confusion, the author demonstrates why no exception for written construction contracts should be recognized. Thus, the author concludes that, in Pennsylvania, a four year limitations period applies to all breach of contract claims arising out of written contracts.

First Page

551

Recommended Citation

Kristie M. Kachuriak, Romeo Revisited: Limiting the Statute of Limitations That Applies to Claims for Breach of a Construction Contract, 39 Duq. L. Rev. 551 (2001).
Available at: https://dsc.duq.edu/dlr/vol39/iss3/4