Clearfield County, Pennsylvania v. Transystems Corporation, Successor to L. Robert Kimball and Associates, Inc., Leonard S. Fiore, Inc., and Showalter Masonry, Inc.

Summary

The Supreme Court of Pennsylvania considered whether the common-law doctrine of nullum tempus occurrit regi prevents application of Pennsylvania's 12-year construction statute of repose, 42 Pa.C.S. § 5536, to Clearfield County's claims concerning alleged defects in the construction of a county jail. The Court held that nullum tempus cannot preclude application of the statute of repose and affirmed the Commonwealth Court's order dismissing the County's complaint, although on different grounds.

Holdings

1. The common-law doctrine of nullum tempus occurrit regi does not permit a governmental entity to toll, avoid, or circumvent the 12-year statute of repose in 42 Pa.C.S. § 5536.
2. The Court did not reach whether the County satisfied the requirements for political subdivisions to invoke nullum tempus because the doctrine does not apply to Section 5536 in the first place.
3. The applicability of the statute of repose is reviewed de novo with a plenary scope of review when it presents only legal issues.

Questions Presented

1. Whether the common-law doctrine of nullum tempus occurrit regi permits a Pennsylvania county to avoid or toll the 12-year construction statute of repose in 42 Pa.C.S. § 5536.
2. Whether the Court should apply the Holmes requirements for political subdivisions invoking nullum tempus to the County's claims.
3. What standard and scope of review govern the legal applicability of Section 5536.

Disposition

affirmed