Superior Court Applies a Statue of Repose in a Construction Case

In its non-precedential decision in the case of Trepanowski v. Hovnanian Enterprises, Inc., No. 841 EDA 2025 (Pa. Super. Aug. 28, 2026 Dubow, J., Kunselman, J., and Sullivan, J.) (Mem. Op. By Sullivan, J.), the Pennsylvania Superior Court addressed the law regarding a statute of repose.

In this matter, the Plaintiffs were pursuing a construction defect claim against various construction Defendants.

The trial court entered summary judgment against the Plaintiff’s finding that a statute of repose barred the Plaintiff’s claims. The trial court’s decision was affirmed on appeal.

According to the Opinion, the Plaintiff was raising claims relative to alleged defects in their property that began to allegedly be discovered after the Plaintiff’s moved into the home near the end of 2007. Work was performed on the home in 2011 as well as in 2021. The Plaintiffs filed their Complaint in 2023.

The Defendants raised various arguments stating that the construction project statue of repose served as an absolute bar to recovery given that more than twelve (12) years had elapsed between the issuance of the Certificate of Occupancy of the property and the initiation of the lawsuit. The Defendants also asserted other grounds based upon the statue of repose.

The Plaintiffs countered that the statute of repose did not bar their claim because their lawsuit was initiated within ten (10) years of the completion of the work on the home.

As stated, after its review of the matter before it, the Pennsylvania Superior Court ruled, in a non-precedential decision, that the trial court had properly entered summary judgment in favor of the Defendants and against the Plaintiffs.

Anyone wishing to review a copy of this non-precedential decision may click this LINK.


I send thanks to Attorney Kenneth T. Newman of the Pittsburgh office of Thomas, Thomas & Hafer, LLP, for bringing this decision to my attention.

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