Robert C. Neff, Jr. | Wilson Elser | July 11, 2018 The typical construction defect case presents an up-front analytical challenge: the defense attorney is presented with boxes of project materials, perhaps an extensive case history and prior discovery, and likely an unhappy (but these days, resigned) client. So you start with the basics: a… Continue reading New Jersey’s Highest Court Scrutinizes Statutes of Limitation and the Discovery Rule in Construction Defect Cases
Tag: Discovery Rule
When the “Discovery Rule” is Irrelevant
Adam L. Gill – Duane Morris LLP – September 29, 2014 Can the statute of limitations for a claim expire even before a project owner knows that it has a claim? This is a very real possibility if one is not careful in drafting contracts. Courts generally recognize that sophisticated business entities should be permitted… Continue reading When the “Discovery Rule” is Irrelevant
Standard AIA Contract Language May Waive “Discovery Rule”
Scott D. Cahalan and Darren G. Rowles – June 14, 2013 In a recent decision styled Brisbane Lodging, L.P. v. Webcor Builders, Inc., the California Court of Appeals found that a contract clause providing that all causes of action relating to the contract work would accrue from the date of substantial completion of the project… Continue reading Standard AIA Contract Language May Waive “Discovery Rule”