In its 2012 decision in State v. Lombardo Brothers Mason Contractors (307 Conn. 412), the Connecticut Supreme Court made clear that it was “solely and exclusively” for the legislature to decide whether the ancient legal doctrine of nullum tempus is sound public policy.
The court had unanimously held that the doctrine is part of the Connecticut common law and that the state could proceed with an action for damages against the design team, contractors, suppliers and other entities involved in the University of Connecticut School of Law library project, notwithstanding the statute of limitations that would otherwise apply. The state did not commence litigation until 12 years after the project was completed even though problems were experienced within a year after its completion. The defendants claimed that the state’s claims were barred by the applicable statute of limitations. However, the court found that ordinary statutes of limitation do not apply to the state and indicated that if a statute of limitations is to apply to the state, it must be established by the legislature.
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