Ryan A. Bennett | White and Williams In Ryan Altenbaugh, et al. v. Benchmark Builders Inc., et al., No. 120, 2021, 2022 Del. LEXIS 24, the Supreme Court of Delaware recently affirmed the lower court’s ruling that the statute of limitations barred the homeowners’ negligent construction claims. Although the court applied the discovery rule to toll… Continue reading Do Not Ignore Construction Defect Claims if You Are on Inquiry Notice
Tag: Construction Defect Claims
5 Things You Should Know About the Proposed Revisions to Florida’s Construction Defect Statute
Jeffrey S. Wertman | Berger Singerman A new bill making its way through the Florida Legislature, SB 736, if enacted into law, will significantly affect future construction defect claims. Here is what you should know: Four Year Statute of Repose. The law will effectively eliminate the 10-year latent defect exception to the statute of repose.… Continue reading 5 Things You Should Know About the Proposed Revisions to Florida’s Construction Defect Statute
Commencing of the Statute of Repose for Construction Defects
David Adelstein | Florida Construction Legal Updates Florida has a ten-year statute of repose which applies predominantly to construction defect claims. This can be found in Florida Statute s. 95.11(3)(c). After ten years, any rights relative to a construction defect claim are time-barred. However, the statute of repose date has been watered down and can be made… Continue reading Commencing of the Statute of Repose for Construction Defects
Change to the Statute of Limitations for Construction Defect Cases – How It Affects You
Samantha Carmickle and John Holper | Winthrop & Weinstine 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.[1] But when does the cause of action accrue? The Minnesota Supreme Court answered this question on February 3,… Continue reading Change to the Statute of Limitations for Construction Defect Cases – How It Affects You
Construction Defect Damages May Exceed Cost To Repair
Peter Selvin | Ervin Cohen & Jessup Construction defect cases often involve damage claims beyond simply the cost to repair the allegedly defective unit or component. These consequential damages may include damages for loss of use, expenses for mitigation and even attorney fees. For this reason, builders, suppliers, contractors and subcontractors who are faced with… Continue reading Construction Defect Damages May Exceed Cost To Repair