In what appears to be a case of first impression, a split Commonwealth Court panel has ruled that a contract can invalidate the doctrine of nullum tempus, which immunizes state agencies from statutes of limitations unless otherwise statutorily mandated.
The panel affirmed 2-1 a Snyder County Common Pleas Court judge’s ruling that a clause in the contract between a school district and a builder that specified when “applicable statutes of limitations shall commence to run” constituted a waiver of doctrine.
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