What is the statute of limitations for construction defect in Delaware?

Delaware law

Construction Defect Laws in Delaware.

Delaware construction-defect claims typically proceed as negligence, breach-of-contract, or breach-of-warranty actions depending on the defendant and the defect. Delaware applies a 2-year personal-injury limitation and a 3-year contract limitation under Title 10, with specific repose and accrual rules that vary by theory.

Last verified: 2026-04-17

State law

Statute of Limitations

2 years (tort) / 3 years (contract); varies10 Del. C. §§ 8106, 8119

Delaware construction-defect claims depend on theory. Tort claims generally follow a 2-year period; contract claims generally follow a 3-year period; other theories follow their own rules.

State law

Official Sources

Delaware Code Online

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Delaware.

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Construction Defect Laws in Delaware.

Statute of Limitations

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