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In a landmark decision, the Fifth District Court of Appeals (Tuscarawas County) issued its opinion that Ohio’s Statute of Repose ends all rights to sue architects after ten years from the date of substantial completion.

The Court held that this law bars actions both in tort (personal injury) and in contract, a significant distinction that goes contrary to outdated Ohio Supreme Court precedent.

The Ohio Department of Transportation argued that the Statute of Repose only barred actions in tort. Because ODOT had a contract with the design professional (as ODOT always does,) the Attorney General argued that the Statute of Repose does not apply to contract claims. Further, the State argued that no time limitation bars government action, based on historic common law from England under a doctrine known as “nullum tempus occurrit regi” (time does not run against the king). The Court rejected both arguments.

On behalf of architects statewide, AIA Ohio filed an amicus curiae brief in support of this result. The Court’s finding will serve as statewide precedent as the Ohio Supreme Court may consider the same issue in separate litigation. The Court’s key finding is as follows:

“We find the stated concerns underlying enactment of the statute apply to actions brought against design professionals for injury to person or property caused by a defective or unsafe improvement to real property, whether such action sounds in tort or contract. In addition, the legislative history quoted above reflects an intent to promote a greater interest than the four-year statute of limitations prescribed by *** the Revised Code. *** It matters not whether the action is brought in tort or contract, if the resultant damages are injury to property of the type set forth in R.C. 2305.131, the statute applies.”

State of Ohio, Dept. Transportation v. Karl R. Rohrer Assocs., Inc., 2018-Ohio-65.

If you have questions, please do not hesitate to contact attorney Luther L. Liggett of Graff & McGovern at 614-228-5800, x-6.