Ralf R. Rodriguez | Cozen O’Connor PROPOSED AMENDMENT TO STATUTE OF LIMITATIONS ELIMINATING THE 10-YEAR STATUTE OF REPOSE A new bill has recently been submitted to the Florida Senate (SB 2022-736) that proposes to amend Fla. Stat. § 95.11(3)(c) by eliminating the current statute of repose for latent claims, which requires an action be commenced… Continue reading Florida Legislature Proposes Significant Revisions to Construction Defect Statute
Tag: Latent Construction Defects
Protections Against Implied Warranty of Habitability Claims Broadened in Illinois
Scott Ruksakiati | Tyson & Mendes For many of us of a certain age, our first exposure to the Latin phrase caveat emptor came from an episode of the classic sitcom, The Brady Bunch. “Let the buyer beware” was the lesson Mr. Brady imparted to Greg for his spontaneous purchase of a beat-up convertible. That same lesson was… Continue reading Protections Against Implied Warranty of Habitability Claims Broadened in Illinois
Ten-Year Statute of Repose to Sue For Latent Construction Defects
David Adelstein | Florida Construction Legal Updates | August 18, 2019 If you are dealing with latent construction defects, it is imperative that you consult with counsel to understand your rights. This not only includes claims for property damage stemming from latent construction defects, but also personal injury stemming from such defects. There is a ten-year… Continue reading Ten-Year Statute of Repose to Sue For Latent Construction Defects
Use It or Lose It: California Court of Appeal Addresses Statutes of Limitations for Latent Construction Defects and Damage to Real Property
Omar Parra and Jesse M. Sullivan | Haight, Brown & Bonesteel | August 2, 2017 The First Appellate District of the California Court of Appeal recently confirmed California’s latent defect statute of limitations, codified in California Code of Civil Procedure section 337.15, bars only claims based on construction defects. Estuary Owners Association v. Shell Oil Company,… Continue reading Use It or Lose It: California Court of Appeal Addresses Statutes of Limitations for Latent Construction Defects and Damage to Real Property
Patent vs. Latent Defects in California Construction Defect Litigation
Pieter M. O’Leary – November 1, 2013 Determining whether a construction defect is patent or latent plays a significant factor in determining if a claim may be barred by a statute of limitations. 1. Patent vs. Latent Defect Patent and latent defect issues arise in construction defect litigation. A latent defect is a construction… Continue reading Patent vs. Latent Defects in California Construction Defect Litigation