News & Analysis as of

Statute of Repose Construction Defects

Is the Retroactive Statute of Repose for Construction Defect Claims Constitutional?

by Payne & Fears on

With the February 24, 2015, enactment of Assembly Bill 125 (2015 Nevada Laws, Ch. 2), much has changed in the world of residential construction defect litigation. One of the most dramatic shifts has been the reduction of the...more

Claim Barred by Florida's Construction Defect Statute of Repose? Maybe Not. Florida Court Says You Should Read The Construction...

Claim professionals are often reminded that even the most meritorious claim is worthless if not filed within the applicable statute of limitations or statute of repose. In the world of construction defect claims, Florida law...more

Florida’s Legislature Moves to Overrule Appellate Decision Regarding the Statute of Repose

by Cozen O'Connor on

Statutes of limitations and statutes of repose limit the length of time within which a cause of action may be brought. Unlike a statute of limitations, which begins to run after a loss occurs, a statute of repose for a...more

Amendment Adds Clarity to Florida's Construction Statutes of Limitations and Repose

by Rumberger Kirk & Caldwell on

On June 14, 2017, Florida’s Governor signed into law House Bill 377, which seeks to provide clarity to when Florida’s construction statutes of limitations and repose begin to run. The existing version of the statute, §...more

Montana Supreme Court Rules That Statute of Repose Is an Absolute Bar to Claims and Cannot be Tolled for Any Reason, Including...

by Pepper Hamilton LLP on

Hill County High School District No. A v. Dick Anderson Construction, Inc., 2017 Mont. LEXIS 38 (Mt. Feb 7, 2017) - This action arose out of the design and construction of a new roof for a high school in Hill County,...more

Statute of Repose Bill Passes House of Representatives

by Davis Brown Law Firm on

On Tuesday, March 21, the Iowa House passed House File 3 (HF3), a bill that would reduce the Statute of Repose applicable to construction claims. The bill is now on to Governor Branstad....more

Iowa Senate Passes Bill Reducing Statute of Repose

by Davis Brown Law Firm on

On Wednesday, March 8, the Iowa Senate passed Senate File 413 (SF413), a bill that would reduce the Statute of Repose applicable to construction claims. This bill is now under discussion in the Iowa House (HF3)....more

Under Construction - December 2016

by Snell & Wilmer on

Welcome to the winter 2016 edition of our Under Construction newsletter. We hope your year has been good to your family, your company and you as we wrap up these remaining few weeks of 2016. A recent hot topic with...more

Court of Appeals Changes Calculation of Statute of Repose

by Sherman & Howard L.L.C. on

Colorado law generally prohibits construction defect lawsuits against a construction professional brought “more than six years after the substantial completion of the improvement to the real property.” § 13-80-104, C.R.S....more

Missouri Western District Court of Appeals Reminds Us to Pay No Attention to the Headings for the Revised Statutes

by Williams Venker & Sanders on

The Missouri Western District Court of Appeals recently affirmed a trial court’s issuance of summary judgment and, in the process, reminded practitioners that the bold faced headings in the Revised Statutes are not part of...more

Changes to Arizona Purchaser Dwelling Act Affect Sellers and Construction Professionals

by Snell & Wilmer on

In its last session, the Arizona legislature amended the statutes governing Purchaser Dwelling Actions, A.R.S. 12-1361 et seq., and Homeowner Association Dwelling Actions, A.R.S. 33-2001 et seq., relating to claims against...more

The Different Warranties Covering A Contractor’s Work

A general’s or subcontractor’s job is far from over when it receives final payment on a construction project. Rather, final payment begins a new phase of the project, the warranty phase, which may last years. This is true...more

Construction Case Law Update - April 2015

by Carlton Fields on

The fraud statute of repose does not bar fraud claims when the jury finds no evidence of the plaintiff’s reliance during the repose period, because it is the defendant’s last action or omission that triggers the fraud repose...more

Amendments to Arizona’s Purchaser Dwelling Act Impact Residential Construction Claims

by Dickinson Wright on

House Bill 2578, which amends the Purchaser Dwelling Act (“Act”) was signed into law by Governor Ducey on Monday, March 23, 2015. The Purchaser Dwelling Act sets forth a procedure for bringing claims for construction defects...more

Oregon Court of Appeals Clarifies Application of Statute of Limitations and Statute of Repose in Connection with Construction...

In Riverview Condo, Ass’n v. Cypress Ventures, Inc., 266 Ore. App. 574 (Or. Ct. App. 2014), the Oregon Court of Appeals clarified application of the statute of repose and statute of limitations in the context of a suit...more

It's Not the Crime, It's the Cover-Up: Equitable Estoppel in Construction Defect Claims

More than 20 years ago, the Watergate scandal taught us “it’s not the crime, it’s the cover-up” that does the damage. The ensuing decades have brought a steady stream of individuals and companies that had to learn the truth...more

Developing Issues in Utah Construction Defect Litigation

by Snell & Wilmer on

Following the Utah Supreme Court’s decision in Davencourt at Pilgrim’s Landing Homeowners’ Association v. Davencourt at Pilgrim’s Landing, which clarified the law regarding the claims for which homeowner’s associations (HOAs)...more

Minnesota Court of Appeals Defines Substantial Completion Under Statute of Repose

by Dorsey & Whitney LLP on

On March 10, 2014, the Minnesota Court of Appeals issued its decision in Rosso v. Hallmark Homes of Minneapolis, Inc., No. A13-1304. The Court’s decision clarifies that Minnesota’s ten-year statute of repose for construction...more

One Year Later, Superstorm Sandy Still Offers Viable Recovery Opportunities for Insurers

by Nelson Brown & Co. on

The one-year anniversary of Superstorm Sandy serves as a reminder to property insurers that key deadlines are approaching that can directly affect recovery efforts. Viable subrogation opportunities still exist, but carriers...more

Washington Supreme Court Expands the Ability of Parties to Define How and When Construction Defect Causes of Action May Be Brought

by Lane Powell PC on

In a unanimous decision, the Washington Supreme Court has approved of contractual clauses broadly defining the scope of how and when causes of action may be asserted. The case, Washington State Major League Baseball Stadium...more

Under Construction - December 2012

by Snell & Wilmer on

In This Issue: Letter from the Editor; Colorado Construction Law Developments in 2012; Arizona Court of Appeals Issues Decision Related to the Application of the Statute of Repose and Economic Loss Doctrine for...more

Arizona Court of Appeals Issues Decision Related to the Application of the Statute of Repose and Economic Loss Doctrine for...

by Snell & Wilmer on

On December 4, 2012, the Arizona Court of Appeals issued a decision in Sullivan v. Pulte Home Corporation that will have significant implications in the construction industry. The case revolved around a home built by Pulte in...more

Colorado Construction Law Developments in 2012

by Snell & Wilmer on

While Colorado’s General Assembly passed no significant legislation affecting construction law in 2012, the Colorado Court of Appeals handed down a number of significant rulings....more

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