Nullum Tempus Occurrit Regi (No Time Runs Against the King)

The Connecticut Supreme Court recently handed down a decision that serves as a reminder of how the playing field is not always level when it comes to lawsuits involving state and local governments.  In State of Connecticut v. Lombardo Brothers Mason Contractors, Inc., 307 Conn. 412 (2012), the Supreme Court of Connecticut issued a ruling that exempts state, quasi-government agencies and municipalities from the statute of limitations and repose.

In State of Connecticut v. Lombardo Brothers Mason Contractors, the State of Connecticut brought suit against a contractor, architect and over twenty other defendants for the alleged defective design and construction of the University of Connecticut School of Law.  The defendants filed various motions to strike and motions for summary judgment seeking the dismissal of the State’s lawsuit based upon the statute of limitations and repose.  The Connecticut Supreme Court agreed with the State that the doctrine of nullum tempus occurrit regi exempted the State from the statute of limitations and repose for tort actions, product liability actions, negligence actions and other actions against design professionals, contractors and land surveyors.

The Connecticut Supreme Court reasoned that the doctrine of nullum tempus occurrit regi was no different from and shared the same philosophical origin as the better known doctrine of sovereign immunity.  The difference, of course, is that sovereign immunity is used by the states as a shield to liability, whereas the doctrine of nullum tempus occurrit regi is used as a sword to initiate litigation.  Much to my surprise, Connecticut is not in the minority of jurisdictions recognizing the doctrine of nullum tempus occurrit regi.  The majority of jurisdictions appear to recognize the nullum tempus exemption as a surviving element from English law. 

Guess it is time for use to pull out our white barristers’ wigs.