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
Category: Statute of Repose
Recent Florida Legislative Changes Shorten Both Statute of Limitation (“SOL”) and Statute of Repose (“SOR”) for Construction Defect Claims
Holly A. Rice | SDV Insights The Florida Legislature and Governor DeSantis passed Senate Bill 360, effective April 13, 2023, which imposes significant changes to Florida’s statute of limitation (“SOL”) and statute of repose (“SOR”) periods prescribed in Florida Statute § 95.11. In short, the SOL and SOR periods will commence earlier and run earlier,… Continue reading Recent Florida Legislative Changes Shorten Both Statute of Limitation (“SOL”) and Statute of Repose (“SOR”) for Construction Defect Claims
Viewpoint: The Difference Between Statutes of Limitations and Statutes of Repose
Gary L. Wickert | Claims Journal Subrogation professionals, like lawyers, must be constantly vigilant for deadlines, statutes of limitations, statutes of repose, and notice timelines set forth by the laws of the 50 states. Likewise, it is important to know and understand the differences between statutes of limitations and statutes of repose. They are both… Continue reading Viewpoint: The Difference Between Statutes of Limitations and Statutes of Repose
Emerging Trends in Shortened Statutes of Limitations and Statues of Repose
Ivette Kincaid and Thomas McCarrick | Construction Litigation Introduction A growing trend in construction defect legislation around the country has seen the shortening of statutes of limitation and statutes of repose for a plaintiff to bring claims related to construction defects. Over the past ten years, several states, notably Florida and Texas, have shortened their… Continue reading Emerging Trends in Shortened Statutes of Limitations and Statues of Repose
Construction Litigation Roundup: “Sudden Death”
Daniel Lund III | Phelps Dunbar It’s not football, though. Rather, just when you thought it was safe in Louisiana to wait to file a garden-variety construction contract payment claim, an appellate court slams the door on it – applying a statute of “repose” to your claim. “Personal actions” – such as an action on… Continue reading Construction Litigation Roundup: “Sudden Death”