David McLain | Colorado Construction Litigation On January 27th, Senator Robert Rodriguez introduced SB 20-138 into the Colorado Legislature. The bill has been assigned to the Senate Judiciary Committee and has not yet been scheduled for its first hearing in that committee. In short, Senate Bill 20-138, if enacted, would: 1) Extend Colorado’s statute of repose for construction defects from 6+2 years… Continue reading Potential Extension of the Statutes of Limitation and Repose for Colorado Construction Defect Claims
Category: Statute of Repose
Minnesota Addresses How Its Construction Statute of Repose Applies to Condominiums
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
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