United States · Delaware limitation periods
How is Delaware construction-deficiency repose established?
Section 8127 generally uses six years from the earliest of eight listed events. A shorter contractual limb and statutory exceptions can prevent a one-date answer.
- Period
- 6-year repose with a distinct contractual limb and exceptions
- Trigger
- Earliest applicable listed event, contractual period and statutory defendant conditions
- Rule
- 10 Del. C. § 8127
Current official Delaware Code text and separately identified 2026 court rules reviewed. Establish historical applicability independently.
Source guide · No automated date
How is Delaware construction-deficiency repose established?
One event input cannot compare eight listed events, the closing contractual limb, the improvement definition and the possession-or-control exception. No fixed or paid date is computed.
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Which event controls this 10 Del. C. § 8127 inquiry?
Establish an improvement within subsection (a)’s definitions, which exclude improvements primarily for residential purposes.
Compare all eight subsection (b) events. They include agreed purported completion, two contractual limitation-start events, phase payment, final payment, substantial completion, contractual acceptance and the claimed personal-injury date.
The closing limb separately addresses a contract period expiring before two years from the earliest listed event. Its actual language and expiration cannot be supplied by selecting substantial completion.
Subsection (c) does not extend another applicable period. Subsection (d) denies the defense to a person in actual possession or control when the deficiency proximately caused the relevant injury or death.
10 Del. C. § 8127Which facts must be established before counting?
- Establish an improvement within subsection (a)’s definitions, which exclude improvements primarily for residential purposes.
- Compare all eight subsection (b) events. They include agreed purported completion, two contractual limitation-start events, phase payment, final payment, substantial completion, contractual acceptance and the claimed personal-injury date.
- The closing limb separately addresses a contract period expiring before two years from the earliest listed event. Its actual language and expiration cannot be supplied by selecting substantial completion.
- Subsection (c) does not extend another applicable period. Subsection (d) denies the defense to a person in actual possession or control when the deficiency proximately caused the relevant injury or death.
- No fixed date is computed. Establish the actual statutory events, applicable period and qualifications first. Calendar months and years do not replace the missing comparison or legal classification.
- Preserve the actual initiating complaint, praecipe, applicable fees and completed transmission. Complete required service separately.
A calendar anniversary does not select the missing branch or supply the legal facts. No computed or paid date is published.
10 Del. C. § 8127What distinguishes the statutory inquiries?
Fictitious comparison. Two nonresidential projects share substantial completion. One defendant received full phase payment earlier. The shared completion date does not establish the same earliest event. A separate contract period can also change the inquiry.
One event input cannot compare eight listed events, the closing contractual limb, the improvement definition and the possession-or-control exception. No fixed or paid date is computed.
Which qualifications change this inquiry?
- Improvement and actor
- Apply the defined improvement and construction, design, planning, supervision or observation categories. Do not treat every residential defect as covered.
- Earliest eight-event comparison
- Preserve the contract and actual payment and acceptance records. The earliest legally applicable event controls the stated six-year limb.
- Other limitation and control
- Read subsections (c) and (d) before using repose as the only relevant boundary. The provision does not lengthen an otherwise applicable limitation.
- Historical statutory and emergency scope
- These calculators accept selected events after June 30, 2020. They do not model historical emergency extensions. Administrative Order 7 paragraph (7) extended the specified deadlines otherwise expiring March 23 through June 30, 2020 through July 1, 2020. It expressly did not extend or toll deadlines outside that expiration window. This scope refusal does not establish that an actual claim is barred. Wage claims also require accrual on or after April 26, 2023.
- Establish the applicable edition and actual legal facts independently.
- One event input cannot compare eight listed events, the closing contractual limb, the improvement definition and the possession-or-control exception. No fixed or paid date is computed.
Which facts and completed acts should be preserved?
Questions about 10 Del. C. § 8127
How is Delaware construction-deficiency repose established?
Is substantial completion always the starting date?
No. It is one of eight listed events, and the text selects the earliest applicable event.
10 Del. C. § 8127Does six years replace the ordinary injury period?
No. Subsection (c) states that the section does not extend another period.
10 Del. C. § 8127Does the guide compute a date for a house defect?
No. The definitions exclude improvements primarily for residential purposes, and the actual claim and defendant need review.
10 Del. C. § 8127Official Delaware sources and review
Provisions used (9)
| Provision | Purpose |
|---|---|
| 10 Del. C. § 8127 | This particular statutory procedure and its conditions |
| 10 Del. C. § 8121 | The individually identified statutory or judicial qualification |
| 10 Del. C. § 8117 | The individually identified statutory or judicial qualification |
| Delaware Supreme Court Administrative Order 7, June 5, 2020, paragraph (7) | The historical extension window and calculator coverage qualification |
| 1 Del. C. § 302(13), (24) | Calendar-month and calendar-year definitions |
| 1 Del. C. § 501(a)–(c) | Statutory holidays, observed dates and county-specific Return Day |
| Superior Court Civil Rules 3(a), 6(a), 79.1 | Superior Court commencement and final-day computation |
| Superior Court Administrative Directive 2007-6, procedure 6(a) | Successful recorded Superior Court transmission by 11:59 p.m. Eastern Time |
| Court of Chancery Rules 5(d), 6(a) | Different Chancery electronic deadlines and court-rule scope |