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Statute of Limitations › Construction Contracts › Construction Disputes

Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period... more +
Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -
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...

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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

Bilzin Sumberg

Third District Confirms Design Professionals Subject to Four-Year Statute of Limitations for Construction-Based Malpractice Claims

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Design professionals lay the foundation for any construction project by preparing plans and other construction documents that general contractors, subcontractors, and others rely on to perform their own work. When...more

Bass, Berry & Sims PLC

Significant 2019 Tennessee Construction Decisions

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This Construction Law Alert highlights some of the significant Tennessee state and federal decisions affecting the construction industry from the past year. Holdback Payments Are Not Retainage - Tennessee’s Prompt Pay...more

Pierce Atwood LLP

Claims against RIDOT – Important Judicial Decisions in 2019

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The Rhode Island Superior Court came down with a few interesting decisions this year concerning Rhode Island General Law Section 37-13.1-1.  That statute deals with actions against the State of Rhode Island on Highway and...more

Troutman Pepper

Pennsylvania Appellate Court Affirms Homeowner’s Recovery Against Developer on Tort Claims, Despite Contract and Challenges Based...

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Dolan v. Hurd Millwork Co., No. 2951 EDA 2015, 2019 BL 229344 (Pa. Super. Ct. June 21, 2019) - This cases arises out of defective windows installed in a residential construction project. In 1999, Leo J. Dolan purchased a...more

White and Williams LLP

Arizona Purchaser Dwelling Actions Are Subject to a New Construction

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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

Butler Weihmuller Katz Craig LLP

Timing is Everything: Defending Subcontractors Against Breach of Construction Contract Claims

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Transfer of risk and liability are common occurrences in the field of construction. National builders often employ a single licensed general contractor to oversee the totality of its construction projects throughout the state...more

Troutman Pepper

New York Appellate Division Holds That Contractor’s Assertion That No Payments Were Due to Subcontractor Until a Separate...

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AWI Sec. & Investigations, Inc. v. Whitestone Constr. Corp., 2018 N.Y. App. Div. LEXIS 5867 (August 23, 2018) - A subcontractor, AWI Security and Investigations, Inc. (“AWI”), sued a general contractor, Whitestone...more

Troutman Pepper

Contractor Who Failed To Challenge Arbitration Award Within Statutory Three Month Period Cannot Resurrect The Challenge As An...

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St. George Fire Prot. Dist. No. 2 v. J. Reed Constructors, Inc. 2018, La. App. LEXIS 262 (February 20, 2018) - J. Reed Constructors, Inc. (“J. Reed”) and St. George Fire Protection District No. 2 (“St. George”) entered...more

Bradley Arant Boult Cummings LLP

Florida Statutory Limitation on Indemnity Does Not Apply to Excavation Subcontract on Utility Line Project

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Fla. Stat. § 725.06 limits the scope of indemnification provisions in construction contracts. Specifically, the statute limits the ability of an indemnitee (e.g., owner) to require an indemnitor (e.g., contractor) to...more

Ballard Spahr LLP

Public Offering Statement Disclosure Limits Developer's Liability

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A New Jersey judge earlier this year dismissed a construction defect complaint by a condominium association against the developer and contractor, finding that the lawsuit was filed outside the state’s six-year statute of...more

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