Lindsay McCormick | Marshall Dennehey Florida Statute § 95.11 sets the statutes of limitations for numerous claims, but as it relates to construction-related professional negligence claims, there has been a dispute and uncertainty as to whether the two-year or four-year limitation provisions apply. Under Fla. Stat. § 95.11(4)(a), “an action for professional malpractice, other than… Continue reading Florida District Court Rules Four-Year Statute of Limitations Governs Construction-Based Malpractice Claims Against Design Professionals
Tag: Statute of Limitations
Limitations: There is a Point of No Return
Amy Anderson | ConsensusDocs After nearly any event that causes inefficiency, delay, or extra cost on a project, there are some things you should always do: review the contract and document the inefficiency, delay, or cost. However, how you document the particular issue likely changes depending on what is in your contract, your position on the project,… Continue reading Limitations: There is a Point of No Return
Colorado Statute of Limitations Defense May Not Apply in Arbitration
Laurie Choi, Amanda McKinlay and James Snow | Snell & Wilmer The construction industry often prefers arbitration for dispute resolution. This is evident as 2022 data demonstrates that construction disputes comprised a significant share of the disputes handled by arbitration organizations.1 Just as arbitration has its advantages for our industry clients, e.g., speed, efficiency, and flexibility, it is… Continue reading Colorado Statute of Limitations Defense May Not Apply in Arbitration
Improvement or Malpractice? Florida Court of Appeals Addresses Applicable Statute of Limitations
Kyle Rice | The Subrogation Strategist In Am. Auto. Ins. Co. v. FDH Infrastructure Servs. LLC., No. 3D22-1143, 2023 Fla. App. LEXIS 3662, the Court of Appeals of Florida, Third District (Court of Appeals) addressed whether Florida’s two-year statute of limitations governing professional malpractice actions or four-year statute of limitations governing improvements to real property was… Continue reading Improvement or Malpractice? Florida Court of Appeals Addresses Applicable Statute of Limitations
Third District Confirms Design Professionals Subject to Four-Year Statute of Limitations for Construction-Based Malpractice Claims
Cesar Avila and Joy Lundeen | Bilzin Sumberg Design professionals lay the foundation for any construction project by preparing plans and other construction documents that general contractors, subcontractors, and others rely on to perform their own work. When construction goes awry, owners and developers often seek legal recourse against their design professionals. Over the last… Continue reading Third District Confirms Design Professionals Subject to Four-Year Statute of Limitations for Construction-Based Malpractice Claims