The Guam Legislature finds that the wording in Guam's current law regarding the statute of repose for improvements in real property on our Island binds Guam architects, engineers, designers and building contractors unfairly, making them liable for their work practically for all time. The Guam Legislature finds that the wording of the law defeats any attempt to create an equitable statute of repose. The resulting law is a statute of limitations which can, in essence, run forever. The Guam Legislature finds that statutes of limitation and statutes of repose are laws that bar a party from filing claim after a specified period of time has elapsed. The difference between a statute of limitation and a statute of repose is the point from which the limitation of time is measured.
Statutes of limitation begin at the date of injury of discovery of the deficiency.
Since the time of injury or discovery can begin at any time, the limitation can run indefinitely. Statutes of repose, on the other hand, provide an architect, engineer or designer with protection from third-party claims after a specified period of time has elapsed after substantial completion of a project. After the period of time specified in a statute of repose, an injured party may file a claim only against those parties in control of maintaining the safety of the building. Unlike Vermont and New York, however, Guam lies in a strong earthquake prone area. Guam's statute of repose should mirror that of Hawaii, California and Alaska - states which lie in strong earthquake prone areas as well.