Brian K. Walters | Gordon Rees Scully Mansukhani Does a legislative extension of a statute of repose for construction and design defect claims allow a claim to proceed even if the repose period in effect when the claim was filed barred that claim? On October 28, 2021, the Nevada Supreme Court answered this question in… Continue reading Nevada Supreme Court Clarifies Retroactive Nature of 10-Year Statute of Repose for Construction and Design Defects
Category: Statute of Repose
Commencing of the Statute of Repose for Construction Defects
David Adelstein | Florida Construction Legal Updates Florida has a ten-year statute of repose which applies predominantly to construction defect claims. This can be found in Florida Statute s. 95.11(3)(c). After ten years, any rights relative to a construction defect claim are time-barred. However, the statute of repose date has been watered down and can be made… Continue reading Commencing of the Statute of Repose for Construction Defects
Nevada’s Common Law Meaning of the Term “Substantial Completion” in the Statute of Repose
William Doerler | The Subrogation Strategist Statutes of repose establish a legislature’s determination of when defendants should be free from liability. As set forth in Nevada Revised Statute (NRS) 11.202, the statute of repose for construction improvements in Nevada is six years after “substantial completion.” In Somersett Owners Ass’n v. Somersett Dev. Co., 492 P.3d 534… Continue reading Nevada’s Common Law Meaning of the Term “Substantial Completion” in the Statute of Repose
Statute of Repose-Is It Applicable to Contract Claims and Post-Construction Services?
James J. McLaughlin | Smith Currie & Hancock Contractors and design professionals face a unique level of exposure for lawsuits over their work compared to other professionals. With the growing complexity of construction projects, the longevity of buildings, and the increasing inclination for plaintiffs to file lawsuits over construction defects years down the road, one… Continue reading Statute of Repose-Is It Applicable to Contract Claims and Post-Construction Services?
New York Considering Legislation That Would Create Statute of Repose For Construction
Richard W. Brown and Anna M. Perry | Saxe Doernberger & Vita New York is considering legislation, which, if enacted, would create a statute of repose limiting the number of years after completion of a construction project that legal action may be asserted against a contractor. New York currently remains the only state without a… Continue reading New York Considering Legislation That Would Create Statute of Repose For Construction