News & Analysis as of

Contractors Statute of Limitations

Adams and Reese LLP

Grace is (Almost) Gone – Florida Shortens Construction Defect Lawsuits to Seven-Year Window, Beginning July 1, 2024

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On July 1, 2024, the time frame to report construction defects in the state of Florida shifts from 10 years to seven years, as the grace period ends for Florida Senate Bill 360....more

Fox Rothschild LLP

Charlotte’s Contracts to Build Transit System are Inseparable Part of Government Function to Provide Service to Public

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The City of Charlotte’s Gold Line Streetcar extension, that brought the system to a 4-mile, 17-stop line, opened to the public in August 2021. But disputes about its construction (and payment for it) that stretched back to...more

Carr Maloney P.C.

Statutes of Limitations vs. Statutes of Repose. What Are They, and How Do They Affect Contractors and Design Professionals in...

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Statutes of limitations and statutes of repose, when applicable, can provide time-based defenses that will bar a complaint filed against contractors and design professionals, whether the claim is based in contract or in...more

Adams and Reese LLP

New Florida Bill Shortens Time for Construction Defect Lawsuits

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On Thursday, April 13, 2023, Florida Governor Ron DeSantis signed Senate Bill 360 into law. This legislation alters the time period for bringing forward construction defect lawsuits, as well as modifies the current private...more

Spilman Thomas & Battle, PLLC

Pending Florida Legislation Impacting Statutes of Limitations and Repose For Construction-Related Lawsuits

Legislation in Florida may soon change the time property owners have to file construction-related lawsuits. Both the Florida Senate, with SB 360, and the House of Representatives, with HB 85, passed identical bills and...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...

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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

Stoel Rives -  Ahead of Schedule

Disgorgement Liability in CA for Unlicensed Contractors Runs One Year from Completion or Cessation

In a very recently published case dealing with issues of first impression in California, here, the Second Appellate District in Los Angeles determined that the disgorgement penalty under BPC 7031(b) triggers a one-year...more

Cohen Seglias Pallas Greenhall & Furman PC

Common Missteps When Suing the State of New Jersey and How to Prevent Them

When a construction contractor decides to file a claim against the State of New Jersey, certain procedures must be followed. In this webinar, Cohen Seglias Associate Jennifer Budd discussed common missteps contractors make in...more

Stoel Rives - Renewable + Law

Solar PPA Provider That Only “Arranges” Installation of System It Owns Is Not a “Contractor” in California

In the recently issued but unpublished decision Reed v. SunRun, Inc. (Los Angeles County Super. Ct. No. BC498002, Feb. 2, 2018), the Second District Court of Appeal ruled that a solar power purchase agreement (“PPA”) provider...more

Williams Mullen

Award Protests: Choosing the Forum

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A disappointed bidder’s protest strategy includes deciding whether to initiate the protest with the procuring agency, the Government Accountability Office or the U. S. Court of Federal Claims....more

Troutman Pepper

Virginia Supreme Court Holds That Subcontractors Did Not Waive Statute of Limitations, With The Result That The General Contractor...

Troutman Pepper on

Hensel Phelps Constr. Co. v. Thompson Masonry Contractor, Inc., et. al., No. 151780, 2016 Va. LEXIS 166 (Va. Nov. 3, 2016) - The dispute arose from the construction of a student health and fitness center at Virginia...more

Morrison & Foerster LLP - Government...

Significant Government Contract Litigation: A Year in Review

Last year provided a number of important claims and cases that further developed various aspects of litigation regarding the Contract Disputes Act (CDA). The major issues raised in some of the more notable claims include...more

Carlton Fields

Section 489.128 - Unlicensed Window Installation Contractor Avoids Construction Defect Claims Based On Florida's Statute Of...

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Florida’s Fifth District Court of Appeal recently considered a window installation contractor’s defense to a homeowners' construction defect claims based on the statute of limitations. The homeowners argued that the four-year...more

Burr & Forman

Between A Rock and A Hard Place: How the Severin Doctrine May Relate to Your Statute of Limitations Period

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I previously blogged about the rules relating to pass-through claims, where a prime contractor’s recovery from an owner for damages suffered by its subcontractor is limited in certain circumstances. In the post, I talked...more

Manatt, Phelps & Phillips, LLP

Restrictions on Condominium Conversions

Now that the recession is beginning to become a memory of the past, the demand for housing is on the rise, and with it is the explosive interest in the multifamily market. As more Americans are choosing to marry later and...more

Haight Brown & Bonesteel LLP

Equities Favor Subrogating Insurer Over Subcontractor That Performed Defective Work

In Valley Crest Landscape v. Mission Pools (No. G049060, filed 6/26/15, ord. pub. 7/2/15), a California appeals court held that equities favor an insurer seeking equitable subrogation over a subcontractor that agreed to...more

Nexsen Pruet, PLLC

Let Freedom of Contract Ring - NC Supreme Court Upholds Enforceability of Long-Term Express Warranties

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In the summer of 2013, a divided North Carolina Court of Appeals caused a stir in the construction community when it held in Christie v. Hartley Construction, Inc., 745 S.E.2d 60 (N.C. App. 2013) (hereinafter “Christie 1”)...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Weeks Ending June 5 & 12, 2015

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REAL PROPERTY UPDATE - Lien Priority: claimant’s judgment lien related back to recording of lis pendens and therefore took priority over competing judgment lien obtained after lis pendens but before entry of claimant’s...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Week Ending April 17 & 24, 2015

Carlton Fields on

Statute of Limitations/Liens: one year statute of limitations to enforce equitable lien under Fla. Stat. sec. 95.11(5)(b) runs from last furnishing of labor, services, or material for improvement of real property; Fla. Stat....more

Manatt, Phelps & Phillips, LLP

Failure to Describe Project Changes Results in 180-Day Statute of Limitations for CEQA Challenge (Ventura Foothills Neighbors v....

Why it matters: When a project’s subsequent CEQA documents fail to clearly provide public notice of material changes to a project, CEQA’s short statutes of limitation may not apply....more

Williams Mullen

Southeast State & Local Tax: Important Developments - November 2013

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The Williams Mullen Southeast State and Local Tax (SESALT) team is pleased to provide you with a comprehensive recap of recent legislation around the U.S....more

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