John J. Gazzola | Pepper Hamilton LLP | July 26, 2018 Great N. Ins. Co. v. Honeywell Int’l, Inc., No. A16-0997, 2018 Minn. LEXIS 236 (May 9, 2018) This case arises out of a residential construction project and the installation of ventilators into a home’s HVAC system. Sixteen years after completion of the work, a… Continue reading Supreme Court of Minnesota Holds Ventilator Motor Incorporated Into a Home’s HVAC System Qualifies as “Machinery” Excepted From the State’s Ten-Year Statute of Repose
Tag: Statute of Repose
New Jersey’s Highest Court Scrutinizes Statutes of Limitation and the Discovery Rule in Construction Defect Cases
Robert C. Neff, Jr. | Wilson Elser | July 11, 2018 The typical construction defect case presents an up-front analytical challenge: the defense attorney is presented with boxes of project materials, perhaps an extensive case history and prior discovery, and likely an unhappy (but these days, resigned) client. So you start with the basics: a… Continue reading New Jersey’s Highest Court Scrutinizes Statutes of Limitation and the Discovery Rule in Construction Defect Cases
2018 Florida Legislature Amends Construction Statute Of Limitations And Repose
Jaret Fuente | Carlton Fields | June 28, 2018 The Florida Legislature has amended the construction statute of limitations and repose a second time in two years. Effective July 1, the amendments include (1) a provision addressing completion of the contract and final performance, and (2) a provision extending the statute of repose in certain… Continue reading 2018 Florida Legislature Amends Construction Statute Of Limitations And Repose
Time’s Up! Or Is It?
Dara Jebrock and Lindy Keown | CLM | Spring 2018 Proposed legislation in Florida would lengthen the statute of repose for counter, cross and third-party claims in construction defect. The time for bringing certain actions for latent construction defects in Florida may be relaxed, depending on the outcome of proposed legislation. Senate Bill 536 and… Continue reading Time’s Up! Or Is It?
Deconstructing Construction Claims – Issues to Consider When Handling Construction Defect Subrogation
William L. Doerler and Victoria Phillips | CLM | May 3, 2018 Construction defect claims often are complicated by a variety of issues, including those related to the statute of repose and contractual bars to recovery. In order to maximize the subrogation potential for these claims, you should deconstruct any potential subrogation barriers and, upon… Continue reading Deconstructing Construction Claims – Issues to Consider When Handling Construction Defect Subrogation