Christopher G. Hill | Construction Law Musings | June 3, 2019 I have discussed statutes of limitation on construction claims in various contexts from issues with a disconnect on state projects to questions of continuous breach here at Construction Law Musings. For those that are first time readers, the statute of limitations is the time during which a plaintiff… Continue reading Know When Your Claim “Accrues” or Risk Losing It
Tag: Construction Claims
Say What? Statutes of Repose/Limitation May Not Be Defenses in Arbitration?
David K. Taylor and Kyle M. Doiron | Bradley Arant Boult Cummings LLP | May 2, 2019 Most private construction contracts contain binding arbitration clauses and apply the “law of the state where the project is located.” While arbitration is less formal than court/litigation, legal defenses are often raised, including whether a claim is barred… Continue reading Say What? Statutes of Repose/Limitation May Not Be Defenses in Arbitration?
Is Equipment Installed As Part Of Building Renovations A “Product” Or “Construction”?
Joshua Lane | Ahlers Cressman & Sleight | March 20, 2019 A statute of repose terminates the right to file a claim after a specified time even if the injury has not yet occurred.[1] The construction statute of repose bars claims arising from construction, design, or engineering of any improvement upon real property that has… Continue reading Is Equipment Installed As Part Of Building Renovations A “Product” Or “Construction”?
Supreme Court of Idaho Rules That Substantial Compliance With the Notice and Opportunity to Repair Act Suffices to Bring Suit
Lian Skaf | The Subrogation Strategist | July 10, 2018 In Davison v. Debest Plumbing, Inc., 416 P.3d 943 (Ida. 2018), the Supreme Court of Idaho addressed the issue of whether plaintiffs who provided actual notice of a defective condition, but not written notice as stated in the Notice and Opportunity to Repair Act (NORA), Idaho… Continue reading Supreme Court of Idaho Rules That Substantial Compliance With the Notice and Opportunity to Repair Act Suffices to Bring Suit
Choosing a Damages Methodology for Certain Construction Claims
Daniel B. Swaja | International Law Office | May 21, 2018 In any construction dispute resolution process, not only does a claimant have to prove liability of the other party, but the claimant must also prove damages to prevail on its claim. The proof of damages element to prevailing on a claim is often overlooked… Continue reading Choosing a Damages Methodology for Certain Construction Claims