House concurs with shorter construction liability window, sponsors say move will ease housing costs

The House concurred with Senate Bill 143, a measure that revises statutes of limitations and the statute of repose for certain construction and contract claims, after a lengthy debate over effects on builders, homeowners and housing affordability.

Rep. Sharp, who carried the bill, described it as a tort-reform measure aimed at aligning Montana with other states and easing costs for builders. “This is a tort reform bill intended to slightly revise a statute of limitations for Montana's builders and align those statutes more closely with those of other states,” Sharp said, noting that several neighboring states use a shorter window than Montana's existing 10-year repose.

Opponents warned the change could leave homeowners with latent construction defects—particularly those caused by expansive soils—without timely remedies. Rep. Griffith explained that in areas with expansive clays, foundation problems sometimes do not appear until years after construction and that shortening the legal window could shift costs to homeowners who later discover defects.

Supporters countered that many states operate with shorter windows and that reducing liability will lower insurance costs and regulatory burdens for builders, promoting more housing construction.

The clerk recorded 58 ayes and 42 nays; the House concurred in Senate Bill 143.

Why it matters: Supporters argued the change will help reduce costs for housing development by lowering long-tail liability exposures for builders, potentially encouraging more construction. Opponents pointed to geological conditions in parts of Montana where defects can emerge after the shortened window, creating significant remediation costs for homeowners.

Next steps: The House recorded concurrence; the text and effective dates would follow the usual enactment process.