HARRISBURG, PA – APRIL 23, 2025 – The Pennsylvania Society of Professional Engineers has joined a coalition of Pennsylvania design professionals in an amici curiae brief filed with the Supreme Court of Pennsylvania in Aloia v. Diamant Building Corp. The brief, filed in March, 2025, urges the court to dismiss the claim of a plaintiff that could undue Pennsylvania’s statute of repose law that protects engineers, architects and contractors from lawsuits after 12 years. Even though the suit was brought against a contractor, an unfavorable ruling could jeopardize the protection for design professionals as well.
The Pennsylvania 12-Year Construction Statute of Repose sets a clear time limit after which lawsuits for alleged design or construction defects can no longer be filed. This statute is a separate legal concept from the statute of limitations. The statute of limitations provides a time limit for when a lawsuit can be filed after a defect is discovered; in Pennsylvania, this is 4 years for contractual claims and 2 years for negligence or tort claims. However, the statue of repose sets an absolute deadline for lawsuits following the completion date of the project. It protects design professionals from indefinite liability and ensures that disputes are filed in a timely manner.
The plaintiff in this case filed a lawsuit related to alleged construction defects, but the claims were brought more than 12 years after the completion of the project. The lower courts ruled against the plaintiff’s claims based on this statute, and the amici brief insists the Pennsylvania Supreme Court do the same thing.
The Pennsylvania Society of Professional Engineers believes that upholding the Statute of Repose maintains legal protections for the industry. Without these protections, firms are faced with endless legal exposure.
We stand alongside our peers in urging the Pennsylvania Supreme Court to affirm the lower court’s ruling and defend the clear legal protections for design professionals and builders across the state.
There is no definite timeline for when the Pennsylvania Supreme Court will issue a ruling, but this issue is important to PSPE and the engineering community, and we will keep members updated as new information involving the case develops.
This coalition demonstrates the power of associations. The more voices an organization carries, the greater its influence. PSPE is proud to join forces with the American Institute of Architects, American Institute of Architects of Pennsylvania, American Council of Engineering Companies of Pennsylvania, Delaware Valley Association of Structural Engineers, Structural Engineers Association of Pennsylvania, Pennsylvania Society of Land Surveyors, and Pennsylvania-Delaware Chapter of the American Society of Landscape Architects to make our concerns known to the Court. If these organizations did not exist, who would advocate for the design professional? If you are a licensed engineer practicing in Pennsylvania, add your voice to the Pennsylvania Society of Professional Engineers and be counted today.
Amici Curiae Brief of American Institute of Architects
