Ralf Rodriguez | Cozen O’Connor On March 24, 2023, and April 13, 2023, Governor Ron DeSantis signed House Bill 837 and Senate Bill 360 into law, respectively. These new legislative amendments change Florida’s litigation landscape by shortening the statute of limitations for general negligence claims and the statute of repose for construction claims and altering… Continue reading Florida Shortens Time to File Construction Claims and Imposes Materiality Requirement for Building Code Violations
Tag: Statute of Limitations
Florida’s Tort Reform and its Impact on Subrogation
Matthew Peaire | Butler Weihmuller Katz Craig HB 837 was introduced to the Florida House of Representatives on February 15, 2023. The bill went quickly through the House of Representatives and Senate and was signed into law on March 24, 2023, by Governor Ron DeSantis. The bill was 39 pages long and addressed many aspects… Continue reading Florida’s Tort Reform and its Impact on Subrogation
Do Not File a Miller Act Payment Bond Lawsuit After the One-Year Statute of Limitations
David Adelstein | Florida Construction Legal Updates Under the Miller Act, a claim against a Miller Act payment bond must be commenced “no later than one year after the date on which the last of the labor was performed or material was supplied by the person bringing the action.” 40 U.S.C. s. 3133(b)(4). Stated another way,… Continue reading Do Not File a Miller Act Payment Bond Lawsuit After the One-Year Statute of Limitations
Miller Act Statute of Limitations and Equitable Tolling
David Adelstein | Florida Construction Legal Updates When it comes to a Miller Act payment bond claim, there is a one-year statute of limitations—“The Miller Act contains a statute of limitations provision that requires actions to ‘be brought no later than one year after the day on which the last of the labor was performed… Continue reading Miller Act Statute of Limitations and Equitable Tolling
Hold on Just One Second: Texas Clarifies Starting Point for Negligence Statute of Limitations
Lian Skaf | The Subrogation Strategist In construction or similar ongoing projects, problems often pop up. Sometimes they can pop up again and again. Making things even more complicated, one problem may affect another, seemingly new problem. When these construction problems result in property damage, timelines tend to overlap and determining when a statute of… Continue reading Hold on Just One Second: Texas Clarifies Starting Point for Negligence Statute of Limitations