Justin Meyer | Baker Sterchi Cowden ABSTRACT: Washington Supreme Court holds that installation of asbestos-containing insulation constituted construction of an improvement on real property, and insulation was integral to the refinery’s intended function. Claims arising from that construction are barred by Washington’s construction statute of repose under RCW 4.16.300-.310. On April 30, 2026, the Washington… Continue reading Washington Upholds the Construction Statute of Repose’s Applicability to Asbestos Claims
Tag: Statute of Repose
Pennsylvania Supreme Court to Decide Whether Key Exceptions Could Erode the 12-Year Construction Statute of Repose
Christian Higgins | Marshall Dennehey The Pennsylvania Supreme Court has accepted review in two matters that could materially affect the scope and predictability of Pennsylvania’s 12-year construction statute of repose, potentially expanding exposure for design professionals, contractors and others involved in improvements to real property. In Aloia, the court is poised to address whether the statute’s… Continue reading Pennsylvania Supreme Court to Decide Whether Key Exceptions Could Erode the 12-Year Construction Statute of Repose
Statutes Of Repose
Ashley L. Buck (Wilkinson) | Clark Hill In Pennsylvania, statutes of repose materialized in the 1960s in large part as a result of the construction industry’s concerns with respect to ongoing liability for latent defects. Pennsylvania’s Home Inspection Law provides that an action to recover monetary damages arising from a home inspection report must be… Continue reading Statutes Of Repose
Massachusetts High Court Allows Plaintiffs to Bring Contract-Based Construction Defects Claim After Expiration of Statute of Repose
Will S. Bennett and Ali H. Jamwal | Saxe Doernberger & Vita The Supreme Judicial Court of Massachusetts recently expanded plaintiffs’ rights to bring construction defects suits in the state.[1] The ruling allows plaintiffs in Massachusetts to now bring suit even after the statute of repose for construction defect claims has passed if the cause of… Continue reading Massachusetts High Court Allows Plaintiffs to Bring Contract-Based Construction Defects Claim After Expiration of Statute of Repose
Indemnity Lessons From Mass. Construction Defect Ruling
Christopher Sweeney | Conn Kavanaugh In Trustees of Boston University v. Clough Harbour & Associates LLP, the Massachusetts Supreme Judicial Court considered anew whether a construction defect claim tendered under the terms of a bespoke contractual indemnity provision is subject to Massachusetts’ six-year statute of repose.[1] On April 16, the court held that under the parties’ specifically negotiated… Continue reading Indemnity Lessons From Mass. Construction Defect Ruling