Recent Supreme Court Decisions Strengthen NH Statute of Repose

The New Hampshire Supreme Court has issued two decisions in the past two weeks that bolster the strength of New Hampshire’s 8 year statute of repose.

Statute of Repose not Tolled During Period Where Contractor also Owned Property
In Ingram v. Drouin (February 12, 2015), the Plaintiffs argued that New Hampshire’s 8-year statute of repose did not bar their claims because the defendants not only built the home, but also once owned and possessed it.  Therefore, the Plaintiffs argued, the defendants are not entitled to the protection of the statute of repose.  The New Hampshire Supreme Court disagreed, stating, “We agree with the majority of courts addressing the issue that, when a builder-owner is sued for his construction-related activities, the statute of repose applies. To interpret the statute of repose otherwise would be contrary to the legislature's intent in enacting it— which was to protect the building industry.”

High Court Affirms Constitutionality of Statute of Repose
In Jillian Lennartz v. Oak Point Associates, P.A. & a. (February 20, 2015), the Plaintiff missed the statute of repose deadline by 3 months.  The Plaintiff then argued that New Hampshire’s 8 year statute of repose was unconstitutional.  The Plaintiff raised a variety of arguments, which the New Hampshire Supreme Court soundly rejected.  Ultimately, the Court disagreed, noted that it had previously rejected nearly identical arguments in Winnisquam Reg. Sch. Dist. v. Levine, 152 N.H. 537 (2005).  The Court went on to state, “The plaintiff concedes that the purpose of RSA 508:4-b, I, in preventing potentially infinite liability in the building industry is an important government objective, and we see no reason to modify our prior conclusion...”