David Adelstein | Florida Construction Legal Updates | October 13, 2018 Florida Statutes Chapter 558 requires a Notice of Construction Defect letter (“558 Notice”) to be served before a construction defect lawsuit is commenced. This is a statutory requirement unless contractually waived for a completed project when latent defects or post-completion construction or design defects are pursued. A recent Florida… Continue reading Serving the 558 Notice of Construction Defect Letter in Light of the Statute of Repose
Tag: Statute of Repose
Florida Court Expands Statute of Repose for Improvements to Real Property
Madeline Hughes | Baker Donelson | November 1, 2018 The Fourth District Court of Appeals in Florida recently issued a decision in Gindel v. Centex Homes, that increases the amount of time homeowners have to file a lawsuit against homebuilders. The Court relied on basic principles of statutory interpretation to conclude that issuing pre-suit notice is… Continue reading Florida Court Expands Statute of Repose for Improvements to Real Property
Statute of Repose: Is Equipment Installed as Part of Building Renovations Considered a “Product” or “Construction”?
Donald A. Rea | Construction Industry Counselor | November 1, 2018 Resolution of the question is critical to the application of product liability statutes or construction law and their often differing statutes of limitation and repose. It was recently addressed in Puente v. Resources Conservation Co., Int’l, No. 76604-0-I, 2018 WL 5146983 (Wash. App. Oct. 22,… Continue reading Statute of Repose: Is Equipment Installed as Part of Building Renovations Considered a “Product” or “Construction”?
Florida’s Fourth District Appeals Court Clarifies What Actions Satisfy Florida’s Construction Defect Statute of Repose
Rahul Gogineni | The Subrogation Strategist | October 30, 2018 In Gindel v. Centex Homes, 2018 Fla.App. LEXIS 13019, Florida’s Fourth District Court of Appeal recently concluded that the date on which the plaintiffs provided a pre-suit notice in compliance with §558.004 of Florida’s construction defect Right-to-Cure statute, Fla. Stat. §§ 558.001 to 558.005, et. seq.,… Continue reading Florida’s Fourth District Appeals Court Clarifies What Actions Satisfy Florida’s Construction Defect Statute of Repose
Utah’s Highest Court Holds That Plaintiffs Must Properly Commence an Action to Rely on the Relation-Back Doctrine to Overcome the Statute of Repose
Shannon M. Warren | The Subrogation Stategist | August 7, 2018 Earlier this summer, in Gables & Villas at River Oaks Homeowners Ass’n v. Castlewood Builders LLC, 2018 UT 28, the Supreme Court of Utah addressed the question of whether the plaintiff’s construction defects claims against the general contractor for a construction project were timely-filed, or… Continue reading Utah’s Highest Court Holds That Plaintiffs Must Properly Commence an Action to Rely on the Relation-Back Doctrine to Overcome the Statute of Repose