Porter Law Group | January 2015 It is an all-too-common scenario in California construction: Nine and a half years after completion of a major California construction project, immediately before the 10-year “statute of repose” for suing on “latent” construction defects expires, a lawsuit claiming damages for “recently discovered” latent construction defects is filed. The property… Continue reading Defeating the Ten-Year Statute of Repose For Latent Construction Defects
Tag: Statute of Repose
N.C. Supreme Court Reverses Court of Appeals and Upholds 20-year Construction Warranty
Richard A. Prosser | Poyner Spurill LLP | January 14, 2015 Freedom of contract principles prevailed in the Supreme Court’s recent ruling that a manufacturer waived application of North Carolina’s 6-year statute of repose by extending an express 20-year warranty of its product. The opinion in Christie v. Hartley issued on December 19 reverses the… Continue reading N.C. Supreme Court Reverses Court of Appeals and Upholds 20-year Construction Warranty
Colorado Law on Construction Defects, Part I: Statute of Limitations and Statute of Repose
J. David Arkell and Benjamin M. Petre – March 29, 2013 Colorado’s Construction Defect Action Reform Act (CDARA) includes two key statutes that help avoid stale claims and bring certainty to the construction industry and related industries (e.g., the insurance industry): The statute of limitations operates to bar claims when a period of time has… Continue reading Colorado Law on Construction Defects, Part I: Statute of Limitations and Statute of Repose
Arizona Court of Appeals Issues Decision Related to the Application of the Statute of Repose and Economic Loss Doctrine for Subsequent Home Purchasers
Joshua Grabel and Jennifer R. Phillips – December 2012 On December 4, 2012, the Arizona Court of Appeals issued a decision in Sullivan v. Pulte Home Corporation that will have significant implications in the construction industry. The case revolved around a home built by Pulte in 2000. The original purchasers sold the home to the Sullivans in… Continue reading Arizona Court of Appeals Issues Decision Related to the Application of the Statute of Repose and Economic Loss Doctrine for Subsequent Home Purchasers