Daniel Lund III | Phelps Dunbar It’s not football, though. Rather, just when you thought it was safe in Louisiana to wait to file a garden-variety construction contract payment claim, an appellate court slams the door on it – applying a statute of “repose” to your claim. “Personal actions” – such as an action on… Continue reading Construction Litigation Roundup: “Sudden Death”
Tag: Statute of Repose
Washington Court of Appeals Divisions Clash Over Interpretations of the Statute of Repose
Masaki Yamada and Ryanne Mathisen | Ahlers Cressman & Sleight The construction statute of repose under RCW 4.16.310 bars any claims arising from construction, design, or engineering of any improvement upon real property that has not accrued within six years after substantial completion or termination of services, whichever is later, even if the injury has… Continue reading Washington Court of Appeals Divisions Clash Over Interpretations of the Statute of Repose
Supreme Court Addresses Newly Amended Statute of Repose for Construction Claims
David R. Cook, Jr. | Construction and Procurement Blog We have been following the protracted legal battle concerning Southern States Chemical, Inc. v. Tampa Tank & Welding, Inc. This case had been litigated at the Supreme Court and resulted in legislation. In the latest round, the Supreme Court answered whether Georgia’s statute of repose for construction… Continue reading Supreme Court Addresses Newly Amended Statute of Repose for Construction Claims
Florida’s Shortened Statute Of Repose For Construction Defect Claims
Sean P. Ravenel | Butler Weihmuller Katz Craig On April 13, 2023, and as part of other recent tort reform measures implemented in Florida, Governor Ron DeSantis signed Senate Bill 360 into law. This most recent bill makes changes to, among other laws, Florida Statute 95.11(3), which sets forth certain requirements that property owners must… Continue reading Florida’s Shortened Statute Of Repose For Construction Defect Claims
Florida Shortens Time to File Construction Claims and Imposes Materiality Requirement for Building Code Violations
Ralf Rodriguez | Cozen O’Connor On March 24, 2023, and April 13, 2023, Governor Ron DeSantis signed House Bill 837 and Senate Bill 360 into law, respectively. These new legislative amendments change Florida’s litigation landscape by shortening the statute of limitations for general negligence claims and the statute of repose for construction claims and altering… Continue reading Florida Shortens Time to File Construction Claims and Imposes Materiality Requirement for Building Code Violations