Charmaine Little | Florida Record | April 24, 2017 The 5th District Court of Appeal in Florida has ruled on behalf of a Florida homeowner in a defection case that a trial court was wrong to dismiss the case. Homeowner Timothy Busch filed for an appeal with the court after the Circuit Court for Lake… Continue reading Appeals Court Rules Lower Court was Wrong to Dismiss Florida Homeowner’s Construction Defect Lawsuit
Tag: Statute of Repose
Understanding Statutes of Repose
Randy Evans, Shari L. Klevens and Alanna Clair | Dentons | March 13, 2017 A great majority of lawyers know and understand the basics of a statute of limitation. In fact, the term appears so frequently in news reports and everyday usage that even non-lawyers generally understand its importance and the ultimate effect it can… Continue reading Understanding Statutes of Repose
Forever Barred? Does Sending a Pre-Suit Notice of Construction Defects Prevent Dismissal of a Lawsuit Based on the Statute of Repose
Jeffrey S. Wertman | Berger Singerman LLP | February 13, 2017 The Fifth District Court of Appeal will soon decide whether sending a pre-suit notice of construction defects under Florida’s Construction Defect Statute, Section 558, Florida Statutes, commences a construction defect action and simultaneously tolls the 10-year statute of repose. In Busch v. Lennar Homes,… Continue reading Forever Barred? Does Sending a Pre-Suit Notice of Construction Defects Prevent Dismissal of a Lawsuit Based on the Statute of Repose
Colorado Court of Appeals Defines “Substantially Complete” for Subcontractors’ Work so as to Shorten the Period of Time in Which They Can Be Sued
David M. McLain | Colorado Construction Litigation | October 10, 2016 Over the past few years, there has been a battle raging on in district courts and arbitration hearing rooms throughout Colorado regarding when a subcontractor’s work is to be deemed “substantially complete” for purposes of triggering Colorado’s six-year statute of repose. C.R.S. § 13-80-104… Continue reading Colorado Court of Appeals Defines “Substantially Complete” for Subcontractors’ Work so as to Shorten the Period of Time in Which They Can Be Sued
“Sales Misrepresentation” Claim Does Not Get Around Statute of Repose for Construction Defects
Stan Martin | Commonsense Construction Law LLC | September 1, 2016 Gotta hand it to them. Plaintiffs who presumably recognized that any claim for design or construction defects would be barred by the New Jersey statute of repose filed a lawsuit alleging that the developer misrepresented the quality of the septic system, premature failure of… Continue reading “Sales Misrepresentation” Claim Does Not Get Around Statute of Repose for Construction Defects