In Canner v. Governors Ridge Ass’n, Inc., unit owners sued a condominium association alleging that the foundations supporting their respective units were sinking as a result of improper design. 311 A.3d 173 (Conn. 2024). The two counts of the complaint alleged (1) the foundations were constructed under the units negligently and (2) the condo association thereafter violated its contractual duties to the unit owners by failing to conduct necessary repairs to common elements of the community.” Id.

The trial court dismissed the negligence claim concerning the defective design because the three-year statute of limitations had lapsed – running three years from the date of purchase. The trial court also dismissed the breach of contract count.

The Appellate Court affirmed the trial court’s judgments in favor of the defendant on the grounds that the applicable three-year tort statute of limitations.

The Supreme Court of Connecticut affirmed in part and reversed in part the judgment of the Appellate Court because “some, but not all, of the plaintiffs’ claims against the defendant are time barred.” Id. at 176. In reaching this holding, the Supreme Court of Connecticut considered the undisputed facts of the case.

In 2001, the condominium association hired a developer to design a series of foundations for new units for expansion. Id. After the construction was completed, the unit owners experienced “significant, uneven settling”, as well as other “problems inside of their units as a result of settling, including cracks appeared in the walls, doors stopped closing correctly, and windows began to stick.” Id. at 177. Between 2011 and 2012, the unit owners attempted, and failed, to sell their units. From 2012 to 2016, the condominium association investigated the possibility of making structural repairs to the foundations and “repeatedly affirmed its responsibility to maintain the foundations, made minor repairs as various symptoms began to manifest, and eventually undertook steps to commence more substantial repairs.” Id.

Connecticut law requires all negligence claims “shall be brought within three years from the date of the act or omission complained of”, whereas all breach of contract claims must be brought within “six years after the right of action accrues.” Conn. Gen. Stat.  § 52-577; Conn. Gen. Stat.  § 52-576(a). When addressing the Plaintiff’s negligence claims, the Supreme Court of Connecticut held the three-year statute of limitations would have commenced at the time the unit owners “purchased their respective units in 2001 and 2002” and, the claim was time-barred. Id. at 185. In reaching its holding on the contract claim, the Supreme Court of Connecticut held the Plaintiff’s claim accrued in 2016 as that was the first time the condominium association ceased honoring its obligation under the by-laws. As a result of this refusal to comply, the breach of contract claim did not accrue until 2016 and the Plaintiff filed their complaints in 2016 and 2017, well within the six-year statute of limitation.

Statutes of limitation continue to be great gatekeeping tools to combat stale claims. Contractors should be aware of the applicable statute of limitation for any claims against them and assert the defense at the onset of litigation if available.