News & Analysis as of

Statute of Limitations Breach of Contract Construction Industry

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 -
Snell & Wilmer

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

Snell & Wilmer on

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

Porter Hedges LLP on

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

MG+M The Law Firm

Massachusetts Supreme Judicial Court to Address the Application of the Statute of Repose to Contractual Indemnification Claims

MG+M The Law Firm on

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

Carr Maloney P.C.

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

Carr Maloney P.C. on

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

Bass, Berry & Sims PLC

Significant 2019 Tennessee Construction Decisions

Bass, Berry & Sims PLC on

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

Benesch

Ohio Supreme Court: All Claims for Defective Construction or Design Must Be Brought Within 10 Years of Substantial Completion

Benesch on

The Court’s decision in New Riegel Local School District Board of Education, et al. v. The Buehrer Group Architecture & Engineering, Inc., et al. interprets Ohio’s Statute of Repose,  which generally requires certain...more

Buckingham, Doolittle & Burroughs, LLC

Dear YouDig? Preacher Gonna Preach - Don't Get Caught ...

Dear YouDig? We are owed mid-six figures for excavation work we finished six months ago. The general contractor is playing dodgeball and claims it hasn’t been paid. We want to make a claim to get our dough. Problem, it...more

Buchalter

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

Buchalter on

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

Franczek P.C.

Time Limit on Filing Certain Construction Lawsuits Extended

Franczek P.C. on

A recent Illinois Appellate Court decision extends the time period in which a certain type of legal claim can be made against a general contractor on a construction project. The decision, 15th Place Condominium Association v....more

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