News & Analysis as of

Statute of Limitations Housing Developers

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 -
BCLP

The Role of Policy and What It Means for the Conduct of Claims for Building Safety Disputes

BCLP on

In URS Corporation Ltd v BDW Trading Ltd [2025] UKSC 21, the Supreme Court has dismissed URS' appeal on all four grounds in its decision handed down on 21 May 2025. The case will be remitted to the TCC to determine the...more

Mayer Brown

Legal Developments in Construction Law: June 2025

Mayer Brown on

1. DEVELOPERS WIN AGAIN AS SUPREME COURT REJECTS A "VOLUNTARINESS PRINCIPLE" - The Supreme Court has delivered its judgment in the litigation between developers and designers over structural defects in high-rise buildings,...more

Downey Brand LLP

Indispensable Party: First District Rules Petitioner’s Failure to Join Real Party in Interest Necessitates Dismissal of Action

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In Citizens for a Better Eureka v. City of Eureka (2025) __ Cal. App. 5th __, the First District Court of Appeal affirmed a judgment dismissing a CEQA action that challenged an approval for the redevelopment of a City of...more

Miller Starr Regalia

First District Affirms Judgment Dismissing CEQA Action Based On Petitioner’s Failure To Join Indispensable Real Party Developer...

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In an opinion filed May 14, and later ordered published on June 11, 2025, the First District Court of Appeal (Div. 3) affirmed a judgment dismissing a CEQA action challenging an approval for a City parking lot...more

Burr & Forman

Developers and Builders Beware: South Carolina Court Again Invalidates an Arbitration Clause, this Time Based on an Attempt to...

Burr & Forman on

On December 11, 2024, the South Carolina Supreme Court sent a clear message to home developers/builders – an arbitration clause that also contains a provision that violates a statute and/or South Carolina public policy may...more

K&L Gates LLP

Lay of the Land: Has Washington State Resolved the Condo Liability Problem?

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Major residential condominium construction has seen a decade-plus lull, due in part to an onerous warranty statute applicable only to condos. The Washington State Legislature significantly changed that statute in 2019, and...more

Miller Starr Regalia

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

Miller Starr Regalia on

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

Downey Brand LLP

Filing Multiple NODs does not Restart Statute of Limitations

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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

Perkins Coie

Suit Challenging Interpretation of Tentative Map Conditions Was Not Time-Barred

Perkins Coie on

Nicholas Honchariw’s battles with the County of Stanislaus over his 9-lot subdivision have now resulted in a fourth published appellate decision. (See our prior reports, County Violates California’s Anti-NIMBY Law by...more

Holland & Knight LLP

Judicial Council Ends Tolling of Statute of Limitations to Bring Civil Suits, Effective Aug. 3

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The California State Judicial Council amended California Rule of Court, Emergency Rule No. 9, on May 29, 2020, lifting its previously adopted indefinite tolling of the limitation period to bring civil lawsuits. The amended...more

Perkins Coie

CEQA Year In Review 2018

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A Summary of Published Appellate Opinions Under the California Environmental Quality Act - The California Supreme Court issued its only CEQA opinion of 2018 at the end of the year. In Sierra Club v. County of Fresno, the...more

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