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House of Representatives
Session of 2017 - 2018 Regular Session


Posted: August 22, 2017 11:40 AM
From: Representative John T. Galloway and Rep. Vanessa Lowery Brown
To: All House members
Subject: Co-sponsorship of Legislation – Statute of Repose
In the near future, I plan to introduce legislation that would extend the statute of repose for construction.

As you all know, buying a home is a significant investment. Yet, many homeowners have unknowingly invested in homes that, due to improper construction and installation, are prone to moisture intrusion, which results in exterior failure. Unfortunately, since the exterior begins to degrade from within, by the time the homeowners discover the rotting wood and mold there are little options available for remediation, especially since this particular issue is rarely covered under homeowner’s insurance. Ultimately, homeowners end up paying hefty out-of-pocket expenses for repairs or for total reconstruction of their home. If a homeowner is unable to pay for remediation, these homes can become uninhabitable.

The current law in Pennsylvania allows for 12 year statute of repose, which is the amount of time a consumer has to bring civil action against a builder, contractor, etc. because of material construction defects or an injury resulting from the defect. In other words, homeowners can seek restitution for any defects or deficiencies resulting from improper design, planning, or construction. Unfortunately, this particular issue is common in homes that are past the 12 year statute of repose. Therefore, the burden to pay for the remediation is on the homeowner, which can be absolutely devastating to a family’s finances.

Therefore, this legislation extends the statute of repose to 20 years to ensure that builders may be held accountable for unacceptable construction practices and that consumers are protected from bearing the entire cost-burden for repairing their decaying homes.

I hope you will join us in co-sponsoring this important legislation.