Historically, the doctrine of nullum tempus occurit regi (time does not run against the king), provided a defense to the affirmative defense of the statute of limitations and statute of repose for the Commonwealth, its agencies and political subdivisions (such as counties and school districts). However, in a recent opinion, the Pennsylvania Commonwealth Court held that the defense of nullum tempus occurit regi can be waived. The opinion went on to hold that language standard in prior versions of the standard form American Institute of Architects (AIA) contracts constituted a waiver of nullum tempus occurit regi, Selinsgrove Area School District v. Lobar, Inc., 29 A.3d 137 (Pa. Cmwlth. 2011), reargument denied (Nov. 16, 2011).
If you would like to discuss the impact of the case as it relates to your contracts, please contact Andrew Fylypovych or any of the other Construction Group attorneys at 484-567-5710.