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Property Owners › Statute of Repose

Sullivan & Worcester

Massachusetts SJC Rules That Statute of Repose Does Not Bar Contractual Indemnification Claim Against Architect

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On April 16, 2025, the Massachusetts Supreme Judicial Court (the “SJC”) issued a decision concluding that a claim based on a negotiated contract providing for indemnification of damages caused by an architect’s negligence...more

Spilman Thomas & Battle, PLLC

A Look at the Pennsylvania Statute of Repose

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The Pennsylvania Statute of Repose for Improvements to Real Property, 42 Pa. C.S. § 5536 (PA Statute of Repose) is a powerful tool that provides protections to persons lawfully performing or furnishing the design, planning,...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

White and Williams LLP

What’s the Gist? Massachusetts Court Looks Past the Labels to the Gist of the Plaintiff’s Allegations to Find Claims Barred by the...

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In Lennar Northeast Props. v. Barton Partners Architects Planners, Inc, C.A. No. 16-cv-12330-ADB, 2021 U.S. Dist. LEXIS 11800, the United States District Court for the District of Massachusetts considered whether a property...more

Bass, Berry & Sims PLC

Tennessee Enacts New Construction Legislation in 2020

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The Tennessee Construction Industry Payment Protection Act was signed into law on June 22. The Act addresses or reallocates certain risks associated with non-payment on construction projects under Tennessee’s Prompt Pay Act...more

White and Williams LLP

Tennessee Looks to Define Improvements to Real Property

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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

Pierce Atwood LLP

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

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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

Snell & Wilmer

Changes to Arizona Purchaser Dwelling Act Affect Sellers and Construction Professionals

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In its last session, the Arizona legislature amended the statutes governing Purchaser Dwelling Actions, A.R.S. 12-1361 et seq., and Homeowner Association Dwelling Actions, A.R.S. 33-2001 et seq., relating to claims against...more

Poyner Spruill LLP

N.C. Supreme Court Reverses Court of Appeals and Upholds 20-Year Construction Warranty

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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

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