Samantha Carmickle and John Holper | Winthrop & Weinstine Under Minnesota Statutes § 541.051, an action arising out of the construction or improvement of real property must be commenced within two years after the cause of action accrues.[1] But when does the cause of action accrue? The Minnesota Supreme Court answered this question on February 3,… Continue reading Change to the Statute of Limitations for Construction Defect Cases – How It Affects You
Tag: Statute of Limitations
Is Settling a Bond Claim in the Face of a Seemingly Clear Statute of Limitations Defense Bad Faith?
Christopher G. Hill | Construction Law Musings We have often discussed payment and performance bonds here at Construction Law Musings, most often in the context of payment bond claims relating to federal and state-owned. construction projects. A late 2020 case out of the Eastern District of Virginia federal court examined what happens after such a claim, in this… Continue reading Is Settling a Bond Claim in the Face of a Seemingly Clear Statute of Limitations Defense Bad Faith?
Florida Appellate Court Affirms Statute of Limitations for Latent Construction Defects
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
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