J. David Arkell and Benjamin M. Petre – March 29, 2013 Colorado’s Construction Defect Action Reform Act (CDARA) includes two key statutes that help avoid stale claims and bring certainty to the construction industry and related industries (e.g., the insurance industry): The statute of limitations operates to bar claims when a period of time has… Continue reading Colorado Law on Construction Defects, Part I: Statute of Limitations and Statute of Repose
Tag: Statute of Limitations
Supreme Court Knocks Out Last Prop Of OSHA Rule On Statute Of Limitations
James Lastowka and Arthur G. Sapper – March 7, 2013 On February 27, 2013, the Supreme Court of the United States in Gabelli v. SEC unanimously disapproved of the so-called discovery rule for postponing the running of a statute of limitations when a federal government agency seeks a civil penalty. The Court held that the… Continue reading Supreme Court Knocks Out Last Prop Of OSHA Rule On Statute Of Limitations
Construction Trades find Protection in Shortened Statute of Limitations
John S. Higgins and Bonnie Lee Wolf – November 14, 2012 On September 28, 2012, the Ohio Revised Code 2305.06 was amended to reduce the statute of limitations from 15 years to 8 years. In the past, a contracting party had 15 years to file suit for breach of a written contract. For those in… Continue reading Construction Trades find Protection in Shortened Statute of Limitations
How low can you go? Shortening the Statute of Limitations in Arbitration Agreements
Liz Kramer – October 10, 2012 I see more and more arbitration agreements that contain their own limitations period (the timeline for bringing a dispute in arbitration). Are all of those necessarily enforceable? No. In Order of United Commercial Travelers of America v. Wolfe, 331 U.S. 586 (1947), the Supreme Court held that contracts may shorten… Continue reading How low can you go? Shortening the Statute of Limitations in Arbitration Agreements
Is Noticing a Crack Really “Notice”?
Katherine L. Heckert – September 20, 2012 Imagine a homeowner repairs a small crack in the wall, only to find more minor cracks months later, gradually increasing in size, eventually revealing the truth: a significant foundation problem. In the ensuing construction defect litigation, the court must determine if the first crack put the homeowner on… Continue reading Is Noticing a Crack Really “Notice”?