Christopher Sweeney | Conn Kavanaugh Under the Massachusetts statute of repose, tort claims involving improvements to real estate generally must be initiated within six years of the improvement’s opening to use.[1] So, for example, if a worker suffers a jobsite injury as a result of an architect’s design defect, the worker’s claim against the architect is… Continue reading Update Your Construction Contract! Massachusetts Supreme Judicial Court Holds that Breach of Contractual Indemnity Provision is Not Barred by the Statute of Repose
Category: Statute of Repose
The Importance of Indemnification Clauses in Managing Post-Completion Project Risk
Catherine Moronski | Robinson + Cole Claims against design professionals often pose unique challenges when such claims are dually rooted in both tort and contract theories, and therefore subject to competing time limitations. To reconcile these differences, Massachusetts courts have historically looked to the “gist” of a given claim, rather than the label, to assess… Continue reading The Importance of Indemnification Clauses in Managing Post-Completion Project Risk
Maintenance Obligations on a 30-Year-Old Project Let an Owner Sidestep Tennessee’s Statute of Repose
Mason Rollins | BuildSmart In Tri-State Insur. Co. of Minn. a/s/o Campus Chalet, Inc. v. East Tennessee Sprinkler Company, Inc., the Court of Appeals of Tennessee recently addressed whether the state’s four-year statute of repose could shield a contractor from liability in 2020 where the initial construction project was completed in 1992. The court found that… Continue reading Maintenance Obligations on a 30-Year-Old Project Let an Owner Sidestep Tennessee’s Statute of Repose
How Long Is Too Long? What Statutes of Repose Mean for Your Liability Exposure
Jeffrey Bright | Offit Kurman How long are you on the hook for defects in a completed construction project? It’s a question that keeps many contractors and design professionals up at night—and for good reason. No project is flawless, and the duration of responsibility for construction or design defects depends on numerous factors, including the… Continue reading How Long Is Too Long? What Statutes of Repose Mean for Your Liability Exposure
Statutes of Repose: Protecting the Pantheon’s Builders After Nearly 2,000 Years
John Mark Goodman | BuildSmart Even though construction cases often involve colorful facts, legal opinions are often quite boring. When a judge writes a colorful opinion about an otherwise boring case, we tip our hat. This week we tip our hat to Judge Brandon Harrison and colleagues on the Arkansas Court of Appeals for their opinion… Continue reading Statutes of Repose: Protecting the Pantheon’s Builders After Nearly 2,000 Years