Thompson Thrift Construction, Inc. v. Modus Studio, PLLC (Fayetteville Student Housing Defect Suit)
After owner West Center Partners, LLC won a $13,529,726 arbitration award against general contractor Thompson Thrift Construction over defects in a Fayetteville student housing project, Thompson Thrift tried to pass that loss on to the project's architect, Modus Studio, PLLC, and several subcontractors. A Washington County circuit court threw out Thompson's claims against Modus as barred by Arkansas's five-year construction statute of repose, but the Arkansas Court of Appeals reversed on April 2, 2025, holding in a case of first impression that Arkansas's one-year savings statute can revive a timely-filed claim even after the repose period has otherwise run.
Why it matters
Establishes, for the first time in Arkansas, that the state's construction statute of repose does not defeat the separate savings statute for a claim that was originally filed within the five-year repose window but later dismissed without prejudice and refiled within a year — meaningfully extending how long a general contractor held liable for defects can still pursue indemnification and contribution claims against the design professionals and subcontractors who did the underlying work. Developers, GCs, and design firms on Arkansas projects should treat a repose-period deadline as less absolute than previously assumed once a qualifying dismissal and timely refiling are in play.
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