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Statute of Limitations › General Contractors

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 -
Kohrman Jackson & Krantz LLP

Ohio Ruling Highlights Timing Importance for Naming Defendants in Injury Claims

Kohrman Jackson & Krantz LLP on

An recent Ohio appellate court decision reinforces a critical point for plaintiffs and a crucial defense strategy for defendants: if you don’t properly and timely name individual employees/agents in a lawsuit, you may lose...more

Winthrop & Weinstine, P.A.

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

Winthrop & Weinstine, P.A. on

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

Bradley Arant Boult Cummings LLP

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

Bradley Arant Boult Cummings LLP on

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

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

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

Buckingham, Doolittle & Burroughs, LLC

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

Buckingham, Doolittle & Burroughs, LLC on

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

Butler Weihmuller Katz Craig LLP

Timing is Everything: Defending Subcontractors Against Breach of Construction Contract Claims

Butler Weihmuller Katz Craig LLP on

Transfer of risk and liability are common occurrences in the field of construction. National builders often employ a single licensed general contractor to oversee the totality of its construction projects throughout the state...more

Troutman Pepper Locke

New York Appellate Division Holds That Contractor’s Assertion That No Payments Were Due to Subcontractor Until a Separate...

Troutman Pepper Locke on

AWI Sec. & Investigations, Inc. v. Whitestone Constr. Corp., 2018 N.Y. App. Div. LEXIS 5867 (August 23, 2018) - A subcontractor, AWI Security and Investigations, Inc. (“AWI”), sued a general contractor, Whitestone...more

Proskauer - Employee Benefits & Executive...

ERISA Doesn’t Preempt Nevada Law Limiting General Contractors’ Obligations To Pay Delinquent Contributions

Proskauer - Employee Benefits & Executive... on

The Ninth Circuit recently held that ERISA does not preempt a Nevada state law that curtailed the ability of multiemployer plans to recover unpaid employer contributions. Under Nevada law SB 223, general contractors can be...more

Morris James LLP

Delaware Superior Court Explains When Statute Of Limitations Accrues

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Black Diamond Hope House Inc. v. U&I Investments LLC, C.A. K15C-12-034 JJC (May 22, 2018) - If a contract spells out when the time to sue under it starts to run, the time of discovery rule does not apply. Instead, the...more

Snell & Wilmer

Appeals of Rulings by The Registrar of Contractors Must Be Timely Filed in Superior Court.

Snell & Wilmer on

Recently in Johnson v. Arizona Registrar of Contractors, the Arizona Court of Appeals affirmed dismissal of a homeowner’s late appeal of an adverse decision by the Registrar of Contractors (“Registrar”)...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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