Construction Litigation

What is the Article 13A statute of repose in Alabama?

Article 13A's statute of repose is Alabama's seven-year hard cutoff on most construction-defect claims — measured from substantial completion, regardless of when the defect is discovered. The clock cannot be tolled by discovery, distinguishing repose from a statute of limitations.

Article 13A (Ala. Code §§ 6-5-220 et seq.) governs Alabama claims against builders, contractors, and design professionals. Its central feature is the seven-year statute of repose codified at Ala. Code § 6-5-221.

Repose vs. limitations.

A statute of limitations begins running when a claim accrues — typically at discovery of the harm — and can be tolled by various doctrines. A statute of repose runs from a triggering event regardless of when the harm is discovered. Once repose expires, the claim is extinguished even if the plaintiff did not yet know of the injury.

The trigger.

Article 13A's repose runs from substantial completion of the work. Substantial completion is generally determined by the date the project is sufficiently complete to be used for its intended purpose, often documented by a certificate of substantial completion.

What it kills.

Claims against builders, contractors, and design professionals for defective construction or design — typically including negligent construction, breach of contract, breach of warranty, and related theories. The repose applies whether the plaintiff is the original owner or a successor (subject to interpretation in some contexts).

Strategic implications.

Post-turnover condominium defect cases routinely face this question. A tower with substantial completion in 2017 and defects discovered post-turnover in 2025 is within the seven-year window; one with completion in 2015 is not. We map repose at engagement; the analysis is often dispositive.

For more, see our construction practice.

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