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Statute of Limitations › Real Estate Development

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 -
Miller Starr Regalia

Timing Remains Everything: Sixth District Holds CEQA Notice of Determination Filed Before County’s Final Project Approval Decision...

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The Sixth District Court of Appeal filed on July 24, and later certified for publication on August 6, 2024, its opinion in Center for Biological Diversity et al. v. County of San Benito, et al. (2024) __ Cal.App.5th __.  The...more

Bilzin Sumberg

The Grace Period for Viable Claims Filed After Florida Amended the Construction Statute of Repose is Set to Expire on July 1, 2024

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The grace period for claims that would have been viable under Florida’s 10-year statute of repose, but were no longer viable after Florida shortened the statute of repose to 7 years, is quickly approaching its expiration. On...more

Otten Johnson Robinson Neff + Ragonetti PC

Proposed State Legislation Would Nearly Double the Statute of Repose under the Colorado Construction Defect Action Reform Act and...

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While Colorado struggles with an ongoing housing supply deficit and potential buyers grapple with interest rate resistant prices and higher costs of borrowing, local and state governments are entertaining all kinds of...more

Miller Starr Regalia

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

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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

Lot Created on 1869 Map and Conveyed With Fewer Than Four Other Lots Was Lawfully Subdivided

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The First District Court of Appeal held that a single deed conveying four or fewer contiguous lots can qualify for a presumption of legality under section 66412.6(a) of the Subdivision Map Act so long as the lots are...more

Bilzin Sumberg

Third District Confirms Design Professionals Subject to Four-Year Statute of Limitations for Construction-Based Malpractice Claims

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Design professionals lay the foundation for any construction project by preparing plans and other construction documents that general contractors, subcontractors, and others rely on to perform their own work. When...more

Bilzin Sumberg

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

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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

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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

Akerman LLP

Challenge to Gowanus Neighborhood Rezoning Dismissed

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In a decision and order issued June 27, 2022, Justice Consuelo Mallafre Menendez of the New York State Supreme Court, Kings County, dismissed the challenge to the Gowanus Neighborhood Rezoning filed by the Voice of Gowanus...more

Miller Starr Regalia

Sixth District Upholds Constitutionality of Judicial Council’s Covid Emergency Rules Altering CEQA’s Statutes of Limitations In...

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As the world continues to dig out from the aftermath of the Covid 19 pandemic, the aftereffects of the earliest phase of lockdowns continue to be felt, including in the world of CEQA litigation.  While this blog does not...more

Stark & Stark

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

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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

Farrell Fritz, P.C.

“Know thy enemy”: The Importance of Identifying Proper Defendants in Land Use Litigation

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When commencing an action or proceeding challenging a land use approval, it is critical that the plaintiff/petitioner identify all parties having an interest in both the approval itself and the real property to which it...more

Allen Matkins

Sustainable Development and Land Use Update - July 2020 #2

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A challenge to the interpretation of a project condition of approval may be filed more than 90 days following the project approval - Bullet Allen Matkins – June 30 - On June 25, 2020, the Fifth Appellate District...more

Allen Matkins

A Challenge Regarding the Interpretation of a Project Condition of Approval may be Filed More than 90 Days Following the Project...

Allen Matkins on

On June 25, 2020, the Fifth Appellate District decided Honchariw v. County of Stanislaus, holding that an applicant's challenge to a local agency's interpretation of a project condition of approval was not barred by the...more

Pierce Atwood LLP

Real Estate Development in the Time of Coronavirus: Massachusetts - (UPDATED)

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Massachusetts Supreme Judicial Court: No Further Deadline or Statute of Limitations Extensions - On June 24, 2020, the Massachusetts Supreme Judicial Court (SJC) issued an order further staying certain hearings and trials...more

Pierce Atwood LLP

Real Estate Development in the Time of Coronavirus: Massachusetts (UPDATED)

Pierce Atwood LLP on

Supreme Judicial Court Issues Order Signaling End of Deadline and Statute of Limitations Extensions - On May 26, 2020, the Supreme Judicial Court (SJC) issued an order further staying certain hearings and trials and limiting...more

Sheppard Mullin Richter & Hampton LLP

California Judicial Council Adopts Rule Tolling Statute of Limitations

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On April 6, 2020, the State Judicial Council adopted emergency amendments to the California Rules of Court in response to the COVID-19 pandemic. One important change that affects many real estate transactions and development...more

Farrell Fritz, P.C.

SEQRA Challenge Rejected by Appellate Court Because of Lack of Standing and Untimeliness of the Challenge

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Several prior blog posts discussed standing requirements under the State Environmental Quality Review Act (SEQRA) and the timeliness of challenging a SEQRA determination. A decision from the Appellate Division, Third...more

Farrell Fritz, P.C.

Court Decision Creates Conflicting Case Law with Respect to When to Challenge a SEQRA Final Determination

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The Appellate Division, Second Department, recently issued a decision that appears to be a departure from prior precedent and is certain to create confusion with respect to when to commence an Article 78 claim challenging a...more

Troutman Pepper

Submission of Pre-Suit Claim Notice Required by Construction Defect Statute Timely ‘Commences the Action’ Within the Meaning of...

Troutman Pepper on

Gindel v. Centex Homes, 2018 Fla. App. LEXIS 13019 (Fla. 4th DCA Sept. 12, 2018) - A group of townhome owners (the “Homeowners”) sued the contractor and a subcontractor (collectively, “Contractor”) who built their...more

Carlton Fields

2018 Florida Legislature Amends Construction Statute Of Limitations And Repose

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The Florida Legislature has amended the construction statute of limitations and repose a second time in two years. Effective July 1, the amendments include (1) a provision addressing completion of the contract and final...more

Goulston & Storrs PC

Statute of Limitations for Massachusetts Hazardous Waste Property Damages Claims Clarified (And, Possibly, Extended)

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Recently the Massachusetts Supreme Judicial Court found that the statute of limitations for a property damage claim brought by a private party under Chapter 21E did not begin to run until that private party knew that the...more

Farrell Fritz, P.C.

Which Statute of Limitations Applies to Your Declaratory Judgment Action?

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So your client wants you to file a declaratory judgment action, but you are unsure of whether the applicable statute of limitations has expired. But what is the applicable statute of limitations in a declaratory judgment...more

Burr & Forman

Disney Dad Reports About New Limitations Period for Construction Claims in Florida

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While having nothing to do with Disney nor being a dad, there is a new law in Florida that went into effect on July 1, 2017 that governs the limitations period for actions other than to recover real property. ...more

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