Statute of Limitations, Statute of Repose, What’s the Difference, and What are They in Montana?
Homeowners in Montana face two critical time limitations when pursuing construction defect claims. Understanding the difference between them can determine whether a claim survives – or is barred entirely.
The Statute of Repose (Six Years From Completion).
At the outermost limit, construction defect claims must be filed no later than six years after completion of construction1. This deadline, known as the statute of repose, is triggered from the date of completion of the construction, and not when the homeowner discovers, or should have discovered the defect. The statute of repose was recently reduced from ten years to six in the last legislative session. (2025).
There is an important caveat to the six-year limitation. If damages occur during the sixth year after completion, an additional one year is allowed to commence an action from the date of the damage. This limited extension can be critical in latent defect cases where significant damage manifests late in the repose period.
The Statute of Limitations (Generally, Three Years From Accrual for Negligence Claims, and Six Years for Breach of Contract).
Separate from the statute of repose is Montana’s three-year statute of limitations for general tort claims. (e.g. negligent construction, or failure to disclose negligent construction).2 For breach of a written contract, the time limit is six years.3
The clock for the statute of limitations begins to run when the claim accrues.4 A claim accrues when all elements of the claim exist (e.g., duty, breach, causation, and damages).5 However, Montana law does provide for a tolling mechanism where:
- The facts constituting the claim are by their nature concealed or self-concealing; or
- Before, during, or after the act causing the injury, the defendant has taken action which prevents the injured party from discovery the injury or its cause.6
Additionally, Montana’s statutory notice of construction defect claim process – which must be completed before filing suit – tolls the statute of limitations during the notice period.
For additional information regarding the statute of limitations for construction defect claims or about construction defect litigation in Montana, generally, you can reach Jean Meyer by telephone at (406) 219-8422, or by e-mail at meyer@meyerconstructionlaw.com
Footnotes:
1 M.C.A. § 27-2-208(1)
2 M.C.A. § 27-2-204.
3 M.C.A. § 27-2-202.
4 M.C.A. § 27-2-204.
5 M.C.A. § 27-2-102.
6 M.C.A. § 27-2-102(3).