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Statute of Limitations › Construction Project › Construction Industry

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... more +
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 -
MG+M The Law Firm

Massachusetts Supreme Judicial Court to Address the Application of the Statute of Repose to Contractual Indemnification Claims

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An issue of great importance to all construction project parties, including design professionals and contractors, is pending before the Massachusetts Supreme Judicial Court (SJC). In the matter of Trustees of Boston...more

Winthrop & Weinstine, P.A.

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

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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

Bradley Arant Boult Cummings LLP

The Impact of the 2020 Tennessee Construction Legislation

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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

Bradley Arant Boult Cummings LLP

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

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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

Bass, Berry & Sims PLC

Significant 2019 Tennessee Construction Decisions

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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

White and Williams LLP

Arizona Purchaser Dwelling Actions Are Subject to a New Construction

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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

Troutman Pepper Locke

New York Appellate Division Holds That Contractor’s Assertion That No Payments Were Due to Subcontractor Until a Separate...

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AWI Sec. & Investigations, Inc. v. Whitestone Constr. Corp., 2018 N.Y. App. Div. LEXIS 5867 (August 23, 2018) - A subcontractor, AWI Security and Investigations, Inc. (“AWI”), sued a general contractor, Whitestone...more

Troutman Pepper Locke

Contractor Who Failed To Challenge Arbitration Award Within Statutory Three Month Period Cannot Resurrect The Challenge As An...

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St. George Fire Prot. Dist. No. 2 v. J. Reed Constructors, Inc. 2018, La. App. LEXIS 262 (February 20, 2018) - J. Reed Constructors, Inc. (“J. Reed”) and St. George Fire Protection District No. 2 (“St. George”) entered...more

Troutman Pepper Locke

Eleventh Circuit Holds That The Statute Of Limitations On Payment Bond Claim Under Georgia Law Commences At Substantial Completion...

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Strickland v. Arch Ins. Co., No. 17-10610, 2018 U.S. App. LEXIS 504 (11th Cir. Jan. 9, 2018) - Strickland provided sand to a paving company (“Douglas”) for a Georgia Department of Transportation (“GDOT”) road improvement...more

Bradley Arant Boult Cummings LLP

Florida Statutory Limitation on Indemnity Does Not Apply to Excavation Subcontract on Utility Line Project

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Fla. Stat. § 725.06 limits the scope of indemnification provisions in construction contracts. Specifically, the statute limits the ability of an indemnitee (e.g., owner) to require an indemnitor (e.g., contractor) to...more

Robinson+Cole Construction Law Zone

Tic Toc Tic Toc: The Clock Is Running on Construction and Design Claims by the State of Connecticut Beginning October 1, 2017

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Our readers may recall that Public Act No. 15-28 was signed by the Governor back in 2015, subjecting the State of Connecticut and its political subdivisions to a statute of limitations for asserting actions and claims arising...more

Troutman Pepper Locke

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

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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

Ballard Spahr LLP

Real Estate News in Metro DC

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Ballard Spahr’s mixed-use, condominium, and multifamily lawyers are pleased to provide this newsletter to keep you apprised of important developments and trends in real estate law in Maryland, Virginia, and Washington, D.C. ...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

Sheppard Mullin Richter & Hampton LLP

Undisclosed Change in Building Height Requires Supplemental EIR

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Ventura Foothill Neighbors v. County of Ventura (12/15/14, 2d Civil No. B254120) - The Court of Appeal for the Second Appellate District of California has ruled that (i) a 20% increase in the actual height of a...more

Miller Starr Regalia

Second District Holds Short CEQA Statute Of Limitations Not Triggered By NOD That Fails To Provide Public Notice Of Material...

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On December 15, 2014, the Second District Court of Appeal (Division 6) issued a pithy published opinion affirming the Ventura County Superior Court’s judgment. The judgment granted a peremptory writ of mandate requiring...more

Franczek P.C.

Time Limit on Filing Certain Construction Lawsuits Extended

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A recent Illinois Appellate Court decision extends the time period in which a certain type of legal claim can be made against a general contractor on a construction project. The decision, 15th Place Condominium Association v....more

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