Jason Bullinger | Rumberger Kirk In late December 2022, the Florida Legislature proposed changes to the Florida Statute of Repose for Construction Defects to clarify a statute with ambiguous language. The statute is used to determine how long a party has to file a claim for construction defects after a structure or improvement has been… Continue reading Florida Legislature Makes Another Run at Revising the Statute of Repose for Construction Defects
Category: Statute of Repose
Repairs Performed Years After Completion Do Not Toll Statute Of Repose
Andrew Kessler | Wood Smith Henning & Berman In Venema v. Moser Builders, Inc., 2370 EDA 2021 (Pa. Super. Ct. Aug. 29, 2022), the Superior Court held that the Statute of Repose was not tolled by repairs made several years after the certificate of occupancy was issued. Homeowners are not entitled to unilaterally dictate an extended… Continue reading Repairs Performed Years After Completion Do Not Toll Statute Of Repose
The Final Nail: Ongoing Repairs Do Not Toll the Statute of Repose
Kyle Rice | The Subrogation Strategist 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 County (Trial Court). The Superior Court found that Pennsylvania’s 12-year Statute of Repose… Continue reading The Final Nail: Ongoing Repairs Do Not Toll the Statute of Repose
Tick Tock: Don’t Let the Statute of Repose or Limitations Time Periods Run on Your Construction Claims
Gus Sara | The Subrogation Strategist In Wascher v. ABC Ins. Co., No. 2020AP1961, 2022 Wisc. App. LEXIS 110 (Feb. 9, 2022), the Court of Appeals of Wisconsin considered whether the plaintiffs were barred — by Wisconsin’s 10-year statute of repose for improvements to real property claims and the six-year statute of limitations for breach of contract… Continue reading Tick Tock: Don’t Let the Statute of Repose or Limitations Time Periods Run on Your Construction Claims
Proposed Changes To Florida’s Statutes Of Limitations And Repose Would Greatly Impact Construction Defect Litigation
Elizabeth Ferguson and Taylor A. Naughton | Marshall, Dennehey, Warner, Coleman & Goggin A new bill has been proposed in the Florida Legislature that would amend the statutes of limitations and repose greatly impacting construction defect litigation. The original bill proposed to rewrite Fla. Stat. 95.11(3)(c) by completely eliminating the ten-year statute of repose for… Continue reading Proposed Changes To Florida’s Statutes Of Limitations And Repose Would Greatly Impact Construction Defect Litigation