News & Analysis as of September 24, 2024

Statute of Limitations › Construction Project

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Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -

The Grace Period for Viable Claims Filed After Florida Amended the Construction Statute of Repose is Set to Expire on July 1, 2024

Bilzin Sumberg on 5/20/2024

The grace period for claims that would have been viable under Florida’s 10-year statute of repose, but were no longer viable after Florida shortened the statute of repose to 7 years, is quickly approaching its expiration. On...more

Proposed State Legislation Would Nearly Double the Statute of Repose under the Colorado Construction Defect Action Reform Act and...

Otten Johnson Robinson Neff + Ragonetti PC on 4/10/2024

While Colorado struggles with an ongoing housing supply deficit and potential buyers grapple with interest rate resistant prices and higher costs of borrowing, local and state governments are entertaining all kinds of...more

Reversal of Misfortune: Second District Holds CEQA Action Challenging Los Angeles Housing Development Project Barred By Statute of...

Miller Starr Regalia on 1/30/2024

In a published opinion filed on January 17, 2024, the Second District Court of Appeal (Div. 5) reversed a trial court judgment overturning a mitigated negative declaration (MND) and requiring an EIR for a 42-single family...more

Filing Multiple NODs does not Restart Statute of Limitations

Downey Brand LLP on 1/19/2024

In Guerrero et al v. City of Los Angeles (January 17, 2024, No. B326033 c/w B327032) ___Cal.App.5th___, the Second District Court of Appeal held that the project opponents did not timely file their CEQA lawsuit. The...more

Third District Confirms Design Professionals Subject to Four-Year Statute of Limitations for Construction-Based Malpractice Claims

Bilzin Sumberg on 6/15/2023

Design professionals lay the foundation for any construction project by preparing plans and other construction documents that general contractors, subcontractors, and others rely on to perform their own work. When...more

Florida Legislature Enacts Major Changes to the Statute of Repose for Construction Defect Claims

Bilzin Sumberg on 5/15/2023

On April 13, 2023, governor Ron DeSantis signed Senate Bill 360 (“SB 360”) into law, which drastically reduces the time limit for property owners to file suit against builders and construction professionals for construction...more

Connecticut Court Clarifies a Limit on Payment Bond Claims for Public Projects

Robinson+Cole Construction Law Zone on 4/26/2023

In All Seasons Landscaping, Inc. v. Travelers Casualty & Surety Co., No. DBD-CV21-6039074-S, 2022 WL 1135703 (Conn. Super. Ct. April 4, 2022) the plaintiff, a subcontractor on a state project, commenced a lawsuit against the...more

Florida’s Shortened Statute of Repose for Construction Defect Claims

Butler Weihmuller Katz Craig LLP on 4/19/2023

On April 13, 2023, and as part of other recent tort reform measures implemented in Florida, Governor Ron DeSantis signed Senate Bill 360 into law. This most recent bill makes changes to, among other laws, Florida Statute...more

Hold on Just One Second: Texas Clarifies Starting Point for Negligence Statute of Limitations

White and Williams LLP on 6/7/2022

In construction or similar ongoing projects, problems often pop up. Sometimes they can pop up again and again. Making things even more complicated, one problem may affect another, seemingly new problem. When these...more

New Bill Clarifies Statute of Limitations For Community Association Transition Litigation Matters

Stark & Stark on 1/19/2022

On Tuesday, January 18, 2022, Governor Murphy signed into law Senate Bill 396, which automatically tolls (i.e. pauses) the 6-year Statute of Limitations for construction defect claims by condominium and/or homeowner...more

A Teaching Moment? First District Affirms CEQA Action Demurrer Order Finding Late-Joined Developers of UC Berkeley Campus Project...

Miller Starr Regalia on 10/27/2021

In a published opinion filed October 21, 2021, the First District Court of Appeal affirmed the trial court’s order finding the real party developers of a UC Berkeley campus development project – undertaken for the...more

Change to the Statute of Limitations for Construction Defect Cases – How It Affects You

Winthrop & Weinstine, P.A. on 10/11/2021

Under Minnesota Statutes § 541.051, an action arising out of the construction or improvement of real property must be commenced within two years after the cause of action accrues. But when does the cause of action accrue? The...more

Florida Appellate Court Affirms Statute of Limitations for Latent Construction Defects

Bilzin Sumberg on 6/28/2021

The Cottages at Stoney Creek Condominium Association, Inc. et al v. JDR Construction, LLC et al, No. 1D20-956, 2021 WL 2209851 (June 1, 2021) aff’d per curiam....more

Ohio Bill Shortening Statute Of Limitations Goes Into Effect

Hahn Loeser & Parks LLP on 6/15/2021

Yesterday, June 14, 2021, Ohio Senate Bill 13 went into effect. This bill shortens the statute of limitations for breach of written contract actions from eight years to six and, for oral contracts, from six years to four... ...more

Proposed Ohio Bill Seeking To Shorten Statute Of Limitations Awaits Governor's Signature

Hahn Loeser & Parks LLP on 3/18/2021

A bill recently passed by the Ohio General Assembly yet again shortens the period of limitations for breach of contract claims. While S.B. 13’s changes to the statute of limitations for contract claims may have legal...more

Expect Careful Scrutiny of Contractually Shortened Statutes of Limitations

Farrell Fritz, P.C. on 11/18/2020

The statutes of limitations set forth in the CPLR are default rules, and parties generally are free to modify default rules by agreement. But statutes of limitations also further the important public interests, such as...more

The Impact of the 2020 Tennessee Construction Legislation

Bradley Arant Boult Cummings LLP on 11/5/2020

After a number of controversial bills proposed from various industry groups over the last few years, the Tennessee construction community came together in 2020 to push through legislation intended to protect members of the...more

Suing a Design Professional in Texas? Make Sure to Include a Certificate of Merit in Your Pleading

Bradley Arant Boult Cummings LLP on 8/12/2020

On August 4, 2020, the Court of Appeals of Texas (First District) reversed a trial court’s denial of an engineering firm’s motion to dismiss finding that the plaintiff’s failure to attach the required certificate of merit...more

Real Estate Development in the Time of Coronavirus: Massachusetts - (UPDATED)

Pierce Atwood LLP on 6/29/2020

Massachusetts Supreme Judicial Court: No Further Deadline or Statute of Limitations Extensions - On June 24, 2020, the Massachusetts Supreme Judicial Court (SJC) issued an order further staying certain hearings and trials...more

Real Estate Development in the Time of Coronavirus: Massachusetts (UPDATED)

Pierce Atwood LLP on 5/31/2020

Supreme Judicial Court Issues Order Signaling End of Deadline and Statute of Limitations Extensions - On May 26, 2020, the Supreme Judicial Court (SJC) issued an order further staying certain hearings and trials and limiting...more

Significant 2019 Tennessee Construction Decisions

Bass, Berry & Sims PLC on 1/15/2020

This Construction Law Alert highlights some of the significant Tennessee state and federal decisions affecting the construction industry from the past year. Holdback Payments Are Not Retainage - Tennessee’s Prompt Pay...more

Claims against RIDOT – Important Judicial Decisions in 2019

Pierce Atwood LLP on 12/16/2019

The Rhode Island Superior Court came down with a few interesting decisions this year concerning Rhode Island General Law Section 37-13.1-1. That statute deals with actions against the State of Rhode Island on Highway and...more

Pennsylvania Appellate Court Affirms Homeowner’s Recovery Against Developer on Tort Claims, Despite Contract and Challenges Based...

Troutman Pepper on 7/26/2019

Dolan v. Hurd Millwork Co., No. 2951 EDA 2015, 2019 BL 229344 (Pa. Super. Ct. June 21, 2019) - This cases arises out of defective windows installed in a residential construction project. In 1999, Leo J. Dolan purchased a...more

Arizona Purchaser Dwelling Actions Are Subject to a New Construction

White and Williams LLP on 6/12/2019

Arizona recently amended its Purchaser Dwelling Action statute to, among other things, involve all contractors in the process, establish the parties’ burdens of proof, add an attorney fees provision, establish procedural...more

The Washington Court of Appeals Clarifies When the Statute of Limitations for a Negligence Claim Begins to Run Under the Discovery...

Troutman Pepper on 3/14/2019

Dep’t of Transp. v. Seattle Tunnel Partners, 2019 BL 36988, 2 (Wash. App. Div. 2 Feb. 05, 2019) - On January 8, 2019, the Court of Appeals for the State of Washington reversed and remanded in part a trial court’s grant of...more

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Statute of Limitations › Construction Project

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