Johnathan T. Ayers | Bilzin Sumberg The Cottages at Stoney Creek Condominium Association, Inc. et al v. JDR Construction, LLC et al, No. 1D20-956, 2021 WL 2209851 (June 1, 2021) aff’d per curiam. Construction defect litigation often surrounds a dispute over timeliness in bringing the claim for purposes of surviving a statute of limitations defense. In the… Continue reading Florida Appellate Court Affirms Statute of Limitations for Latent Construction Defects
Tag: Statute of Limitations
Ohio Bill Shortening Statute Of Limitations Goes Into Effect
Alayna Bridgett and Gregory Thompson | Hahn Loeser & Parks Yesterday, June 14, 2021, Ohio Senate Bill 13 went into effect. This bill shortens the statute of limitations for breach of written contract actions from eight years to six and, for oral contracts, from six years to four. As we shared with readers earlier this year,… Continue reading Ohio Bill Shortening Statute Of Limitations Goes Into Effect
1st District Joins 2nd District Court of Appeals and Holds that One-Year SOL Applies to Disgorgement Claims
Garret Murai | California Construction Law Blog We’re beginning to see a trend. This past year, the 2nd District Court of Appeals, in Eisenberg Village of the Los Angeles Jewish Home for the Aging v. Suffolk Construction Company, 53 Cal.App.5th 1201 (2020), held for the first time that a one (1) year statute of limitations period… Continue reading 1st District Joins 2nd District Court of Appeals and Holds that One-Year SOL Applies to Disgorgement Claims
Owner Disgorgement Claims Against Unlicensed Contractors Given Short Statute of Limitations
Matthew T. Porter | Smith Currie & Hancock Eisenberg Village of the Los Angeles Jewish Home for the Aging v. Suffolk Construction Company, Inc. (2020) 53 Cal.App.5th 1201. Under California Business and Professions Code section 7031(b), “a person who utilizes the services of an unlicensed contractor may bring an action … to recover all compensation paid to… Continue reading Owner Disgorgement Claims Against Unlicensed Contractors Given Short Statute of Limitations
Court of Appeals Confirms One-Year Statute of Limitations for Disgorgement Claims that is not Subject to the Discovery Rule
Timothy L. Pierce, Hector H. Espinosa and Samira F. Torshizi | K&L Gates In a recently published case dealing with issues of first impression, the California Court of Appeal Second Appellate District in Los Angeles held that the disgorgement penalty under Business and Profession Code § 7031(b) must be made within one year of completion or… Continue reading Court of Appeals Confirms One-Year Statute of Limitations for Disgorgement Claims that is not Subject to the Discovery Rule