Kenneth E. Rubinstein and Nathan Fennessy | Construction Executive Having an end date for risk is important to construction professionals who need to know when they can close their books and destroy files relating to old projects. While professionals typically look to the statute of limitations and repose, these deadlines can sometimes be harder to… Continue reading The Moving Finish Line: Statutes of Limitation and Repose Are Not Always What They Seem
Category: Statute of Repose
Parties’ Agreement Doesn’t Pull the Trigger on California’s Statute of Repose
William Boerler | The Subrogation Strategist In Hensel Phelps Constr. Co. v. Superior Court, 257 Cal. Rptr. 3d 746 (Cal. Ct. App. 2020), the Court of Appeals of California, Fourth Appellate District, addressed whether a party’s contractual definition of the phrase “substantial completion” controlled the trigger date for California’s construction-related statute of repose, Cal. Civ. Code… Continue reading Parties’ Agreement Doesn’t Pull the Trigger on California’s Statute of Repose
Georgia House Bill Addresses Construction Statute of Repose
Jason Gropper | Autry, Hall & Cook On March 2, 2020, by a unanimous vote, the House passed HB 968. This Bill seeks to clarify which civil actions are subject to Code Section 9-3-51, which is the eight-year statute of repose for deficiencies in connection with improvements to realty. If passed by the General Assembly, it would explicitly state that the statute of repose will not apply to breach of express warranties. If the… Continue reading Georgia House Bill Addresses Construction Statute of Repose
Potential Extension of the Statutes of Limitation and Repose for Colorado Construction Defect Claims
David McLain | Colorado Construction Litigation On January 27th, Senator Robert Rodriguez introduced SB 20-138 into the Colorado Legislature. The bill has been assigned to the Senate Judiciary Committee and has not yet been scheduled for its first hearing in that committee. In short, Senate Bill 20-138, if enacted, would: 1) Extend Colorado’s statute of repose for construction defects from 6+2 years… Continue reading Potential Extension of the Statutes of Limitation and Repose for Colorado Construction Defect Claims
Minnesota Addresses How Its Construction Statute of Repose Applies to Condominiums
William Doerler | White & Williams Courts often struggle with the question of when the statute of repose starts to run for construction projects that involve multiple buildings or phases. In Village Lofts at St. Anthony Falls Ass’n v. Housing Partners III-Lofts, LLC, 937 N.W.2d 430 (Minn. 2020) (Village Lofts), the Supreme Court of Minnesota addressed how… Continue reading Minnesota Addresses How Its Construction Statute of Repose Applies to Condominiums