William Doerler | White & Williams Courts often struggle with the question of when the statute of repose starts to run for construction projects that involve multiple buildings or phases. In Village Lofts at St. Anthony Falls Ass’n v. Housing Partners III-Lofts, LLC, 937 N.W.2d 430 (Minn. 2020) (Village Lofts), the Supreme Court of Minnesota addressed how… Continue reading Minnesota Addresses How Its Construction Statute of Repose Applies to Condominiums
Category: Statute of Repose
When Does the Statute of Repose Begin to Run in Phased Development Projects?
Christopher Sweeney | Conn Kavanaugh The Massachusetts Statute of Repose requires litigants to assert within six years all tort claims arising out of the design, construction, or administration of improvements to real property. The Statute begins to run upon the earlier of: (1) the opening of the improvement to use; and (2) substantial completion and… Continue reading When Does the Statute of Repose Begin to Run in Phased Development Projects?
Recent Decisions Clarify Statute of Repose
Katharine E. Kohm | The Dispute Resolver A statute of repose bars claims against a defendant for a given period of time after completion of project. These statutes are stronger than statutes of limitation because tolling is not permitted. Clients including architects, engineers, builders, and contractors should understand their state’s statute of repose to effectively… Continue reading Recent Decisions Clarify Statute of Repose
Tennessee Looks to Define Improvements to Real Property
Lian Skaf | The Subrogation Strategist For subrogation practitioners dealing with an installation-based statute of repose, knowing what is an improvement to real property is the first battle in what can, but does not have to be, a long fight. Like many other states, Tennessee’s statute of repose bars claims based on improvements to real… Continue reading Tennessee Looks to Define Improvements to Real Property
Multi-Building Condominium: When Does Statute of Repose Begin?
Stanley A. Martin | Commonsense Construction Law The Supreme Court of Minnesota has ruled that the MN statute of repose, for a multi-building condominium project, is determined on a building-by-building basis, and not on completion of the entire project. The court was faced with two issues. First, is the statutory warranty triggered by completion and… Continue reading Multi-Building Condominium: When Does Statute of Repose Begin?