News & Analysis as of

Construction Project Statute of Repose Construction Defects

Bilzin Sumberg

The Grace Period for Viable Claims Filed After Florida Amended the Construction Statute of Repose is Set to Expire on July 1, 2024

Bilzin Sumberg on

The grace period for claims that would have been viable under Florida’s 10-year statute of repose, but were no longer viable after Florida shortened the statute of repose to 7 years, is quickly approaching its expiration. On...more

Hahn Loeser & Parks LLP

Beware Potential Hidden “Warranties” in Contract Documents

Warranties provided to project owners are often some of the most-negotiated provisions in a construction contract. What will the warranties cover? How can they be enforced? Perhaps most importantly: how long will they be...more

Otten Johnson Robinson Neff + Ragonetti PC

Proposed State Legislation Would Nearly Double the Statute of Repose under the Colorado Construction Defect Action Reform Act and...

While Colorado struggles with an ongoing housing supply deficit and potential buyers grapple with interest rate resistant prices and higher costs of borrowing, local and state governments are entertaining all kinds of...more

Gray Reed

Texas Legislature Reduces Statute of Repose for Residential Homebuilders

Gray Reed on

In residential construction, the recent legislative amendments to Chapter 27 of the Texas Property Code (the Residential Construction Liability Act or the “RCLA”) have garnered significant attention in the industry, and...more

Winstead PC

2023 Texas Legislative Update: Residential Construction

Winstead PC on

HB 2024 - Statute of Repose Shortened to Six Years if a Builder Provides a Warranty - A statute of repose is the outside deadline for a claimant to bring a legal action. For nearly 50 years, Texas has imposed a ten-year...more

Bilzin Sumberg

Florida Legislature Enacts Major Changes to the Statute of Repose for Construction Defect Claims

Bilzin Sumberg on

On April 13, 2023, governor Ron DeSantis signed Senate Bill 360 (“SB 360”) into law, which drastically reduces the time limit for property owners to file suit against builders and construction professionals for construction...more

Butler Weihmuller Katz Craig LLP

Florida’s Shortened Statute of Repose for Construction Defect Claims

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...more

Smith Anderson

Construction Project Participants Face Differing Time Limits for Claims as NC Court of Appeals Interprets Definition of...

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The North Carolina Court of Appeals recently issued a decision in Gaston County Board of Education v. Shelco, LLC, et al that has the potential to significantly impact the time limits for claims on construction projects....more

Stark & Stark

New Bill Clarifies Statute of Limitations For Community Association Transition Litigation Matters

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On Tuesday, January 18, 2022, Governor Murphy signed into law Senate Bill 396, which automatically tolls (i.e. pauses) the 6-year Statute of Limitations for construction defect claims by condominium and/or homeowner...more

White and Williams LLP

Nevada’s Common Law Meaning of the Term “Substantial Completion” in the Statute of Repose

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Statutes of repose establish a legislature’s determination of when defendants should be free from liability. As set forth in Nevada Revised Statute (NRS) 11.202, the statute of repose for construction improvements in Nevada...more

Porter Hedges LLP

Changing The Outside Limits: New Statutes Of Repose For Government Design And Construction Claims Near Passage

Porter Hedges LLP on

As the end of the 87th Texas legislative regular session approaches, we appear to be on the verge of having new, shortened statutes of repose for design and construction claims by certain Texas governmental entities. This is...more

Pierce Atwood LLP

The Massachusetts Statute of Repose Comes Marching One Building at a Time

Pierce Atwood LLP on

Have you ever wondered when Massachusetts’ 6-year statute of repose for defective design, planning and construction is triggered when dealing with the construction of a multi-building, multi-year condominium construction...more

Conn Kavanaugh

UPDATE: Supreme Judicial Court Holds That Each Building in Phased-Development Projects Constitutes Distinct “Improvement” for...

Conn Kavanaugh on

Imagine the following. A developer consults with an architect in 2020 about a six-building condominium project. The architect promptly produces a set of plans, which are stamped by an engineer. Over the next three years, the...more

Conn Kavanaugh

When Does the Statute of Repose Begin to Run in Phased Development Projects?

Conn Kavanaugh on

The Massachusetts Statute of Repose requires litigants to assert within six years all tort claims arising out of the design, construction, or administration of improvements to real property. The Statute begins to run upon the...more

White and Williams LLP

Massachusetts Court Holds Statute of Repose Does Not Apply to Claims for Failure to Maintain Property

In Penn-America Insurance Company v. Bay State Gas Company, 96 Mass. App. Ct. 757 (2019), the Appeals Court of Massachusetts considered whether the plaintiff’s claims against the defendant, arising from an alleged defect in...more

White and Williams LLP

Tennessee Looks to Define Improvements to Real Property

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For subrogation practitioners dealing with an installation-based statute of repose, knowing what is an improvement to real property is the first battle in what can, but does not have to be, a long fight. Like many other...more

Butler Weihmuller Katz Craig LLP

Lights. Camera. Not an Action? Amendment to Section 558.004, Florida Statutes

On July 1, 2019, Chapter 558, Florida Statutes, will be amended to add section 558.004(1)(d), which states:  “A notice of claim served pursuant to this chapter shall not toll any statute of repose period under chapter 95.” In...more

White and Williams LLP

Arizona Purchaser Dwelling Actions Are Subject to a New Construction

White and Williams LLP on

Arizona recently amended its Purchaser Dwelling Action statute to, among other things, involve all contractors in the process, establish the parties’ burdens of proof, add an attorney fees provision, establish procedural...more

White and Williams LLP

Massachusetts Court Holds Statute of Repose Bars Certain Asbestos-Related Construction Claims

Claims Arising Out of a Deficiency or Negligence in the Design, Planning, Construction and General Administration of Improvements to Real Property Among Those Affected. In Stearns v. Metropolitan Life Insurance Company, the...more

Troutman Pepper

Submission of Pre-Suit Claim Notice Required by Construction Defect Statute Timely ‘Commences the Action’ Within the Meaning of...

Troutman Pepper on

Gindel v. Centex Homes, 2018 Fla. App. LEXIS 13019 (Fla. 4th DCA Sept. 12, 2018) - A group of townhome owners (the “Homeowners”) sued the contractor and a subcontractor (collectively, “Contractor”) who built their...more

Troutman Pepper

Sharply Divided Massachusetts Supreme Court Holds That the Statute of Repose Bars a Homeowner’s Claim Against a Contractor Under...

Troutman Pepper on

Bridgwood v A.J. Wood Constr., Inc., 2018 Mass. Lexis 561 (Sup. Ct., Aug. 29, 2018) - On October 30, 2000, the city of Newburyport, through its housing rehabilitation program, awarded A.J. Wood a contract for the...more

Shutts & Bowen LLP

The Timeliness of Construction-Related Lawsuits – Recent Amendments to Fla. Stat. § 95.11(3)(c)

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In Florida, the allowed timeframe for bringing a lawsuit based either on a defect in the design, planning, or construction of a building or based on other improvements to real property is governed by Fla. Stat. § 95.11(3)(c)....more

Carlton Fields

2018 Florida Legislature Amends Construction Statute Of Limitations And Repose

Carlton Fields on

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...more

White and Williams LLP

Florida Extends Filing Time for Claims Subject to the Statute of Repose

White and Williams LLP on

Under Florida’s construction-related statute of repose, Fla. Stat. § 95.11, actions based on the design, planning or construction of an improvement to real property are barred if not commenced within 10 years after the later...more

Rumberger | Kirk

Amendment Adds Clarity to Florida's Construction Statutes of Limitations and Repose

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On June 14, 2017, Florida’s Governor signed into law House Bill 377, which seeks to provide clarity to when Florida’s construction statutes of limitations and repose begin to run. The existing version of the statute, §...more

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