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: Statute of Limitations
It Took My Carrier Almost a Year to Make Their Coverage Determination, and Now I am Being Told That the One-Year Limitations Period Under the Policy Ends in a Few Days. Is That Right?
Kesha Hodge | Property Insurance Coverage Law Blog | July 15, 2018 Most insurance policies contain a contractual provision that sets forth the time frame in which the insured must commence suit should a dispute arise concerning the policy. In many instances, these limitation provisions provide that the insured must file suit no later than… Continue reading It Took My Carrier Almost a Year to Make Their Coverage Determination, and Now I am Being Told That the One-Year Limitations Period Under the Policy Ends in a Few Days. Is That Right?
Sometimes You Get Away with Unwritten Contracts. . .
Christopher G. Hill | Construction Law Musings | July 10, 2018 I have spoken often regarding the need for a well written construction contract that sets out the “terms of engagement” for your construction project. A written construction contract sets expectations and allows the parties to the contract to determine the “law” of their project. An unwritten “gentleman’s agreement” can… Continue reading Sometimes You Get Away with Unwritten Contracts. . .
2018 Florida Legislature Amends Construction Statute Of Limitations And Repose
Jaret Fuente | Carlton Fields | June 28, 2018 The Florida Legislature has amended the construction statute of limitations and repose a second time in two years. Effective July 1, the amendments include (1) a provision addressing completion of the contract and final performance, and (2) a provision extending the statute of repose in certain… Continue reading 2018 Florida Legislature Amends Construction Statute Of Limitations And Repose
The Supreme Court Narrows Its Holding in American Pipe & Construction Co. v. Utah
Ryan Vanderford and Mark D. Litvack | Pillsbury Winthrop Shaw Pittman LLP | June 18, 2018 TAKEAWAYS The Supreme Court’s decision in China Agritech, Inc. v. Resh cements a new limit on the filing of successive class actions. Tolling provisions established in landmark American Pipe decision do not extend to individual class members wanting to file a new action… Continue reading The Supreme Court Narrows Its Holding in American Pipe & Construction Co. v. Utah