News & Analysis as of

Statute of Repose Construction Project

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...

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

Spilman Thomas & Battle, PLLC

The Site Report - Construction Industry Insights, Issue 2, February 2024

Welcome to our second issue of 2024 for our construction industry insights - The Site Report. Business today is characterized by relentless change. To assist our clients in navigating this dynamic landscape, we pride...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

White and Williams LLP

Ambiguity in Pennsylvania’s Statute of Repose Finally Cleared up by Superior Court

In an unpublished opinion from the Pennsylvania Superior Court handed down on August 31, 2023, a long-standing disagreement about the wording of Pennsylvania's Statute of Repose was finally resolved. In Pennsylvania, “a civil...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

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

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

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

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

White and Williams LLP

Massachusetts Pulls Phased Trigger On Its Statute of Repose

White and Williams LLP on

In D’Allesandro v. Lennar Hingham Holdings, LLC, 486 Mass 150, 2020 Mass. LEXIS 721, the Supreme Judicial Court of Massachusetts answered a certified question regarding how to apply the Massachusetts statute of repose, Mass....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

Bradley Arant Boult Cummings LLP

The Impact of the 2020 Tennessee Construction Legislation

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

White and Williams LLP

Parties’ Agreement Doesn’t Pull the Trigger on California’s Statute of Repose

In Hensel Phelps Constr. Co. v. Superior Court, 257 Cal. Rptr. 3d 746 (Cal. Ct. App. 2020), the Court of Appeals of California, Fourth Appellate District, addressed whether a party’s contractual definition of the phrase...more

Conn Kavanaugh

When Does the Statute of Repose Begin to Run in Phased Development Projects?

Conn Kavanaugh on

The Massachusetts Statute of Repose requires litigants to assert within six years all tort claims arising out of the design, construction, or administration of improvements to real property. The Statute begins to run upon the...more

White and Williams LLP

Massachusetts Court Holds Statute of Repose Does Not Apply to Claims for Failure to Maintain Property

In Penn-America Insurance Company v. Bay State Gas Company, 96 Mass. App. Ct. 757 (2019), the Appeals Court of Massachusetts considered whether the plaintiff’s claims against the defendant, arising from an alleged defect in...more

White and Williams LLP

Massachusetts Court Clarifies Statute of Repose Trigger for Multi-Phase Construction Projects

In D’Allesandro v. Lennar Hingham Holdings, LLC, C.A. No. 17-cv-12567-IT, 2019 U.S. Dist. LEXIS 185874, the United States District Court for the District of Massachusetts recently discussed a case against a general contractor...more

White and Williams LLP

Tennessee Looks to Define Improvements to Real Property

White and Williams LLP on

For subrogation practitioners dealing with an installation-based statute of repose, knowing what is an improvement to real property is the first battle in what can, but does not have to be, a long fight. Like many other...more

Carlton Fields

Real Property & Financial Services Update: Week Ending August 16, 2019

Carlton Fields on

Real Property Update - Construction / Statute of Repose: the installation of an attic ladder is an improvement to real property; thus, the ten-year statute of repose of section 95.11(3)(c) applies - Harrell v. The Ryland...more

Butler Weihmuller Katz Craig LLP

Lights. Camera. Not an Action? Amendment to Section 558.004, Florida Statutes

On July 1, 2019, Chapter 558, Florida Statutes, will be amended to add section 558.004(1)(d), which states:  “A notice of claim served pursuant to this chapter shall not toll any statute of repose period under chapter 95.” In...more

White and Williams LLP

Arizona Purchaser Dwelling Actions Are Subject to a New Construction

White and Williams LLP on

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

White and Williams LLP

Massachusetts Court Holds Statute of Repose Bars Certain Asbestos-Related Construction Claims

Claims Arising Out of a Deficiency or Negligence in the Design, Planning, Construction and General Administration of Improvements to Real Property Among Those Affected. In Stearns v. Metropolitan Life Insurance Company, the...more

Pierce Atwood LLP

Breaking: Mass. SJC Says Real Estate Statute of Repose Bars Tort Claims Arising From Asbestos Exposure After Six Years

Pierce Atwood LLP on

In a decision of great importance to property owners, developers, architects, engineers, and contractors, the Massachusetts Supreme Judicial Court (SJC) this morning ruled that the state’s six-year statute of repose, M.G.L....more

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