sion does not have any immediate impact on contractors entering into agreements with states other than Connecticut, the case is unsettling. Nullum tempus has not been specifically abolished in the overwhelming majority of states, either by court or by legislature. v. Nashville, Chattanooga & St. Louis Railway Co. dation of the great principle of public policy, applicable to all governments alike, which forbids that the public in- terests should be prejudiced by the neg- ligence of the officers or agents to whose care they are confided--that the United States, asserting rights vested in them as a sovereign government, are not bound by any statute of limitations, unless Con- gress has clearly manifested its intention that they should be so bound." four states have specifically abolished the doctrine of nullum tempus. South abolished it by statute. states will use Lombardo Bros. to avoid the limitations periods, even in the face of express contract terms. The obvious impact of Lombardo Bros. is that contractors and their sure- ties and insurers are exposed to endless potential liability when contracting with the State of Connecticut and possibly other states. Insurance and bonding costs are likely to increase immediately. Additionally, there are a host of other concerns which should lead contractors to reevaluate internal policies and pro- cedures. How does a contractor protect itself from an unending risk of liabil- ity? How long should contractors save documents from public works projects? Should project managers be required to keep detailed project diaries? Should post-project debriefings occur with a risk management team? Are there other contractual mechanisms that can provide a claim waiver similar to those signed by contractors as part of the payment ap- plication process? Contractors, and the organizations that advocate on their behalf, should address this issue with state legislatures and seek legislation abolishing nullum tempus in order to prevent results like that in Lombardo Bros. 2 Id. at 429-430. 3 Id. at 421. 4 Id. 5 Id. 6 Id. 7 Id. 8 Id at 438. 9 Id. at 458. 10 Id. at 427 "This view was then shared by virtually every 12 State v. Lombardo Bros. Mason Contractors, Inc., 307 Kermit Lumber & Pressure Treating Co., 200 W.Va. 221, 22728, 488 S.E.2d 901 (1997). Partnership, 125 N.J. 66, 69, 592 A.2d 559 (1991). |