What the Clearfield County Case Means for Contractors with Mike Pascoe

In this episode of the Building PA Podcast, co-hosts Jon O'Brien and Chris Martin dive into a significant legal case that has captured the attention of the construction industry in Pennsylvania, the Clearfield County Jail case. Joined by legal expert Mike Pascoe from Ice Miller, the discussion centers around the implications of a legal doctrine known as "nullum tempus" and its potential application to the statute of repose in construction law.

The episode begins with Jon and Chris introducing Mike Pascoe, who provides a brief overview of his background in construction litigation. Mike explains that the Clearfield County case involves a renovation of a jail built 40 years ago, during which it was discovered that critical structural elements were missing. The county is now facing an estimated $4 million in costs to rectify these issues. Traditionally, contractors and design professionals would not be held liable for problems arising after such a long period, but the county is arguing that the nullum tempus doctrine should allow them to pursue legal action indefinitely.

As the conversation unfolds, Mike elaborates on the differences between the statute of limitations and the statute of repose, emphasizing that the latter provides a definitive end date for legal claims. The Clearfield County case is significant because it challenges the long-standing understanding of these legal principles, potentially allowing public entities to sue contractors and designers long after the completion of a project.

Jon and Chris express their concerns about the ramifications of this case for the construction industry, particularly regarding the burden it could place on contractors who may be held liable for work completed decades ago. They discuss the practical implications of maintaining extensive documentation for projects that could be scrutinized many years later, highlighting the challenges of record-keeping in an industry where practices have evolved significantly over the decades.

The episode also touches on the financial implications of storing project data over long periods, with Mike providing eye-opening statistics on the costs associated with data management. The discussion underscores the importance of finality in construction contracts and the potential chaos that could ensue if public entities are allowed to pursue claims indefinitely.

As the episode wraps up, Mike shares insights into the current status of the case, including the timeline for briefs and the potential for oral arguments before the Pennsylvania Supreme Court. The co-hosts express their commitment to keeping their audience informed about the developments in this case, recognizing its far-reaching impact on the construction industry.