Warranties provided to project owners are often some of the most-negotiated provisions in a construction contract. What will the warranties cover? How can they be enforced? Perhaps most importantly: how long will they be...more
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
The Minnesota Supreme Court recently issued a decision that altered the rules on when the clock starts on a condo association's right to bring a claim under Minnesota's new home statutory warranties. Those warranties will now...more
S.C Code §15-3-640, provides, in pertinent part: No actions to recover damages based upon or arising out of the defective or unsafe condition of an improvement to real property may be brought more than eight years after...more
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
Freedom of contract principles prevailed in the Supreme Court’s recent ruling that a manufacturer waived application of North Carolina’s 6-year statute of repose by extending an express 20-year warranty of its product. The...more
A recent holding by the North Carolina Court of Appeals is threatening to render many long-term express warranties ineffective. In a divided opinion in Christie v. Hartley Construction, Inc., the court held that the...more