News & Analysis as of

Statute of Limitations Subcontractors 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 -
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

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

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

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

Troutman Pepper Locke

Virginia Supreme Court Holds That Subcontractors Did Not Waive Statute of Limitations, With The Result That The General Contractor...

Troutman Pepper Locke on

Hensel Phelps Constr. Co. v. Thompson Masonry Contractor, Inc., et. al., No. 151780, 2016 Va. LEXIS 166 (Va. Nov. 3, 2016) - The dispute arose from the construction of a student health and fitness center at Virginia...more

Buchalter

Between A Rock and A Hard Place: How the Severin Doctrine May Relate to Your Statute of Limitations Period

Buchalter on

I previously blogged about the rules relating to pass-through claims, where a prime contractor’s recovery from an owner for damages suffered by its subcontractor is limited in certain circumstances. In the post, I talked...more

Haight Brown & Bonesteel LLP

Equities Favor Subrogating Insurer Over Subcontractor That Performed Defective Work

In Valley Crest Landscape v. Mission Pools (No. G049060, filed 6/26/15, ord. pub. 7/2/15), a California appeals court held that equities favor an insurer seeking equitable subrogation over a subcontractor that agreed to...more

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