News & Analysis as of

Construction Defects Statute of Repose

Marshall Dennehey

Superior Court Clarifies Meaning of 'Lawful' Under Statute of Repose.

Marshall Dennehey on

Johnson v. Toll Brothers, Inc., 302 A.3d 1231 (Pa. Super. 2023) - This matter concerned claims of defective construction by the plaintiff against defendant for a home built in 2004. The plaintiff’s suit was filed after the...more

Spilman Thomas & Battle, PLLC

A Look at the Pennsylvania Statute of Repose

The Pennsylvania Statute of Repose for Improvements to Real Property, 42 Pa. C.S. § 5536 (PA Statute of Repose) is a powerful tool that provides protections to persons lawfully performing or furnishing the design, planning,...more

Gray Reed

Texas Legislature Reduces Statute of Repose for Residential Homebuilders

Gray Reed on

In residential construction, the recent legislative amendments to Chapter 27 of the Texas Property Code (the Residential Construction Liability Act or the “RCLA”) have garnered significant attention in the industry, and...more

Cohen Seglias Pallas Greenhall & Furman PC

A Win for PA Contractors—Court Shuts Down Homeowner’s Attempt to Enlarge the Statute of Repose

It’s a contractor’s worst nightmare: someone you haven’t heard from in ages, or ever, sues you, claiming a defect in the construction you performed years ago. But when is it too late to bring such a claim? You may think that...more

Winstead PC

2023 Texas Legislative Update: Residential Construction

Winstead PC on

HB 2024 - Statute of Repose Shortened to Six Years if a Builder Provides a Warranty - A statute of repose is the outside deadline for a claimant to bring a legal action. For nearly 50 years, Texas has imposed a ten-year...more

Bilzin Sumberg

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

Bilzin Sumberg on

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

Butler Weihmuller Katz Craig LLP

Florida’s Shortened Statute of Repose for Construction Defect Claims

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

White and Williams LLP

New Mexico Adopts Right to Repair Act

White and Williams LLP on

On April 7, 2023, New Mexico’s governor, Michelle Lujan Grisham, signed into law New Mexico’s Right to Repair Act (Act), 2023 N.M. SB 50. The Act’s effective date is July 1, 2023. The Act applies to construction defects in...more

Rumberger | Kirk

Win for Contractors on Start Time of Florida Construction Statute of Repose

Rumberger | Kirk on

Last October, Rumberger attorney Jason Bullinger and attorney Dan Webster at Daniel J. Webster, P.A. obtained a win for Florida contractors, engineers, and architects in Florida by persuading a Volusia County Circuit judge...more

White and Williams LLP

A Tort, By Any Other Name, is Just a Tort: Massachusetts Court Bars Contract Claims That Sound in Negligence

In University of Massachusetts Building Authority v. Adams Plumbing & Heating, Inc., 2023 Mass. App. Unpub. LEXIS 28, 102 Mass. App. Ct. 1107, the Appeals Court of Massachusetts (Appeals Court) considered whether the lower...more

White and Williams LLP

The Final Nail: Ongoing Repairs Do Not Toll the Statute of Repose

White and Williams LLP on

In Venema v. Moser Builders, Inc., 2022 PA Super. 171, 2022 Pa. Super. LEXIS 414, the Superior Court of Pennsylvania (Superior Court) upheld an award of judgment on the pleadings from the Court of Common Pleas of Chester...more

Fox Rothschild LLP

Homebuilders' Victory in Pennsylvania Could Have Implications in Other States

Fox Rothschild LLP on

Good news for homebuilders in Pennsylvania. The Pennsylvania Superior Court earlier this month affirmed a trial court order that awarded judgment on the pleadings in favor of the builder and dismissing the homeowners’...more

Smith Anderson

Construction Project Participants Face Differing Time Limits for Claims as NC Court of Appeals Interprets Definition of...

Smith Anderson on

The North Carolina Court of Appeals recently issued a decision in Gaston County Board of Education v. Shelco, LLC, et al that has the potential to significantly impact the time limits for claims on construction projects....more

White and Williams LLP

Too Late for The Blame Game: Massachusetts Court Holds That the Statute of Repose Barred a Product Manufacturer from Seeking...

White and Williams LLP on

In State Farm Fire & Cas. Co. v. Wangs Alliance Corp., No. 21-cv-10389-AK, 2022 U.S. Dist. LEXIS 26712, the United States District Court for the District of Massachusetts (District Court) considered whether a product...more

Stark & Stark

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

Stark & Stark on

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

Cozen O'Connor

Florida Legislature Proposes Significant Revisions to Construction Defect Statute

Cozen O'Connor on

A new bill has recently been submitted to the Florida Senate (SB 2022-736) that proposes to amend Fla. Stat. § 95.11(3)(c) by eliminating the current statute of repose for latent claims, which requires an action be commenced...more

White and Williams LLP

Nevada’s Common Law Meaning of the Term “Substantial Completion” in the Statute of Repose

White and Williams LLP on

Statutes of repose establish a legislature’s determination of when defendants should be free from liability. As set forth in Nevada Revised Statute (NRS) 11.202, the statute of repose for construction improvements in Nevada...more

Porter Hedges LLP

Changing The Outside Limits: New Statutes Of Repose For Government Design And Construction Claims Near Passage

Porter Hedges LLP on

As the end of the 87th Texas legislative regular session approaches, we appear to be on the verge of having new, shortened statutes of repose for design and construction claims by certain Texas governmental entities. This is...more

White and Williams LLP

Original and Subsequent Homeowners in Rhode Island Are Subject to the Same Rules for Determining How Long a Breach of Implied...

White and Williams LLP on

In Mondoux v. Vanghel, No. 2018-219, 2021 R.I. LEXIS 2, 2021 WL 264542, the Supreme Court of Rhode Island considered whether to apply the “discovery rule” to toll the ten year statute of limitations in R.I. Laws § 9-1-13(a)...more

White and Williams LLP

What’s the Gist? Massachusetts Court Looks Past the Labels to the Gist of the Plaintiff’s Allegations to Find Claims Barred by the...

White and Williams LLP on

In Lennar Northeast Props. v. Barton Partners Architects Planners, Inc, C.A. No. 16-cv-12330-ADB, 2021 U.S. Dist. LEXIS 11800, the United States District Court for the District of Massachusetts considered whether a property...more

Pierce Atwood LLP

The Massachusetts Statute of Repose Comes Marching One Building at a Time

Pierce Atwood LLP on

Have you ever wondered when Massachusetts’ 6-year statute of repose for defective design, planning and construction is triggered when dealing with the construction of a multi-building, multi-year condominium construction...more

Conn Kavanaugh

UPDATE: Supreme Judicial Court Holds That Each Building in Phased-Development Projects Constitutes Distinct “Improvement” for...

Conn Kavanaugh on

Imagine the following. A developer consults with an architect in 2020 about a six-building condominium project. The architect promptly produces a set of plans, which are stamped by an engineer. Over the next three years, the...more

White and Williams LLP

Not so Fast – Florida’s Legislature Overrules Gindel’s Pre-Suit Notice/Tolling Decision Related to the Construction Defect Statute...

White and Williams LLP on

As discussed in a prior blog post, in Gindel v. Centex Homes, 2018 Fla.App. LEXIS 13019, Florida’s Fourth District Court of Appeal held that when the plaintiffs provided a pre-suit notice in compliance with §558.004 of...more

White and Williams LLP

Minnesota Addresses How Its Construction Statute of Repose Applies to Condominiums

Courts often struggle with the question of when the statute of repose starts to run for construction projects that involve multiple buildings or phases. In Village Lofts at St. Anthony Falls Ass’n v. Housing Partners...more

Stinson LLP

Turning Back the Clock: The New Timeline for Warranty Claims in Multi-Family Construction

Stinson LLP on

The Minnesota Supreme Court recently issued a decision that altered the rules on when the clock starts on a condo association's right to bring a claim under Minnesota's new home statutory warranties. Those warranties will now...more

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