News & Analysis as of

Construction Industry Statute of Limitations

Saul Ewing LLP

Unregistered & Unprotected: What a New Maryland Supreme Court Ruling Means for Builders

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A recent decision by the Maryland Supreme Court underscores the importance of following registration and licensing requirements for builders and contractors. In SM Landover, LLC v. Sanders, 489 Md. 614, 330 A.3d 1129 (2025),...more

Lathrop GPM

Colorado’s Multifamily Construction Incentive Program: What Builders and Developers Need to Know

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On May 12, 2025, Colorado Governor Jared Polis signed into law House Bill 25-1272, creating the Multifamily Construction Incentive Program (MCIP), a voluntary, opt-in framework aimed at encouraging the construction of...more

Snell & Wilmer

Lessons from the Idaho Supreme Court Decision in Moyer v. Doug Lasher Construction and Statute of Limitations Considerations

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The Idaho Supreme Court recently issued its decision in Moyer v. Doug Lasher Construction, Inc., clarifying several critical issues in construction law and the application of the statute of limitations on summary judgment....more

Porter Hedges LLP

How Long Does that “One Year Warranty” Last? Longer than You Might Think

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If you ask owners, general contractors, or subcontractors how long the warranty lasts that they received or gave on a construction project, they will often tell you that they have a “one year warranty.” However, if the...more

Ervin Cohen & Jessup LLP

More PAGA Updates: LWDA Publishes FAQ; AB 1034 Extends Exemption for Construction Employees under CBA

This summer, California passed significant and much-needed legislation reforming the Private Attorneys General Act (PAGA), which permits individual employees to sue employers on behalf of themselves, other employees, and the...more

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

Robinson+Cole Construction Law Zone

Suit Limitation Provisions in New York

New York law generally enforces a contractual suit limitation that specifies a “reasonable” period of time (usually shorter than the applicable statute of limitations) within which an action must be commenced. The contractual...more

Proskauer - Employee Benefits & Executive...

Third Circuit Affirms Finding that Withdrawal Liability Assessment Was Untimely

When an employer withdraws from a multiemployer pension plan, the plan’s trustees must notify the employer of the amount of its withdrawal liability and demand payment. Employers assessed with withdrawal liability often...more

Fisher Phillips

All the New California Workplace Laws You Need to Know About For 2025

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Now that the California legislative session is essentially over and Governor Newsom has taken action to either approve or veto all the workplace law bills on his desk, employers can take stock on all the new laws that will...more

Adams & Reese

Grace is (Almost) Gone – Florida Shortens Construction Defect Lawsuits to Seven-Year Window, Beginning July 1, 2024

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On July 1, 2024, the time frame to report construction defects in the state of Florida shifts from 10 years to seven years, as the grace period ends for Florida Senate Bill 360....more

Carr Maloney P.C.

Statutes of Limitations vs. Statutes of Repose. What Are They, and How Do They Affect Contractors and Design Professionals in...

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Statutes of limitations and statutes of repose, when applicable, can provide time-based defenses that will bar a complaint filed against contractors and design professionals, whether the claim is based in contract or in...more

Marshall Dennehey

Florida District Court Rules Four-Year Statute of Limitations Governs Construction-Based Malpractice Claims Against Design...

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American Auto. Ins. Co. v. FDH Infrastructure Servs., LLC, 364 So.3d 1082 (Fla. 3d DCA 2023) - Florida Statute § 95.11 sets the statutes of limitations for numerous claims, but as it relates to construction-related...more

Snell & Wilmer

Colorado Statute of Limitations Defense May Not Apply in Arbitration

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The construction industry often prefers arbitration for dispute resolution. This is evident as 2022 data demonstrates that construction disputes comprised a significant share of the disputes handled by arbitration...more

Saiber LLC

The Saiber Construction Law Column: June 2023

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A statute of limitations is a law that sets the maximum amount of time that parties to a dispute have to file a formal legal proceeding to resolve the dispute. In New Jersey, the statute of limitations for bringing a...more

Cozen O'Connor

Florida Shortens Time to File Construction Claims and Imposes Materiality Requirement for Building Code Violations

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On March 24, 2023, and April 13, 2023, Governor Ron DeSantis signed House Bill 837 and Senate Bill 360 into law, respectively. These new legislative amendments change Florida’s litigation landscape by shortening the statute...more

Baker Donelson

Florida Shortens Time for Filing Construction-Related Suits, Imposes Materiality Threshold

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On April 13, 2023, Governor Ron DeSantis signed Senate Bill No. 360 (the Act), an act that affords greater protection from suits to members of Florida's construction industry. The Act amends § 95.11, Florida Statutes,...more

Marshall Dennehey

Senate Bill Changes Statute of Limitations, Statute of Repose, and Amends Statutory Building Code Violation

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Senate Bill 360, which was signed by Governor DeSantis on April 13, 2023, amends the statute of limitations and statute of repose for construction claims and amends the statutory building code violation claim. The statute...more

Spilman Thomas & Battle, PLLC

Pending Florida Legislation Impacting Statutes of Limitations and Repose For Construction-Related Lawsuits

Legislation in Florida may soon change the time property owners have to file construction-related lawsuits. Both the Florida Senate, with SB 360, and the House of Representatives, with HB 85, passed identical bills and...more

White and Williams LLP

The Final Nail: Ongoing Repairs Do Not Toll the Statute of Repose

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In Venema v. Moser Builders, Inc., 2022 PA Super. 171, 2022 Pa. Super. LEXIS 414, the Superior Court of Pennsylvania (Superior Court) upheld an award of judgment on the pleadings from the Court of Common Pleas of Chester...more

White and Williams LLP

Too Late for The Blame Game: Massachusetts Court Holds That the Statute of Repose Barred a Product Manufacturer from Seeking...

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In State Farm Fire & Cas. Co. v. Wangs Alliance Corp., No. 21-cv-10389-AK, 2022 U.S. Dist. LEXIS 26712, the United States District Court for the District of Massachusetts (District Court) considered whether a product...more

Winthrop & Weinstine, P.A.

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

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

Faegre Drinker Biddle & Reath LLP

Pennsylvania Appellate Court Rejects Application of the Statute of Repose in Effect in the State Where an Injury Occurred Under...

The Pennsylvania Superior Court, the state’s mid-level appellate court, recently held in Kornfeind v. New Werner Holding Co., 2020 PA Super 266, that Pennsylvania’s “borrowing statute” applies only to foreign statutes of...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

Bradley Arant Boult Cummings LLP

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

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

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