Brandon José | Lowndes Two recent Florida appellate decisions, Bandklayder Development, LLC v. Sabga, and Vuletic Group, LLC v. Malkin, have clarified and reinforced a critical principle in Florida construction law: damages for construction defect claims must be measured as of the date of breach, not the date of the expert report or the date of trial.… Continue reading Florida Construction Defect Damages: Sabga, Vuletic, and the Date of Breach
Tag: Construction Defect Claims
Out of Sight, Out of Mind: Texas Court Finds Construction Defect Claims Were Inherently Undiscoverable, Tolls Statute of Limitations
Gus Sara | White and Williams In Morningside Ministries v. Koontz McCombs Construction, Ltd., No. 08:23-00332-cv, 2025 Tex. App. Lexis 3584 (Morningside), the Court of Appeals of Texas (Court of Appeals) considered whether the plaintiff’s construction defect claims were “inherently undiscoverable,” thereby tolling the applicable limitations period under the discovery rule. The lower court granted the… Continue reading Out of Sight, Out of Mind: Texas Court Finds Construction Defect Claims Were Inherently Undiscoverable, Tolls Statute of Limitations
Indemnity Lessons From Mass. Construction Defect Ruling
Christopher Sweeney | Conn Kavanaugh In Trustees of Boston University v. Clough Harbour & Associates LLP, the Massachusetts Supreme Judicial Court considered anew whether a construction defect claim tendered under the terms of a bespoke contractual indemnity provision is subject to Massachusetts’ six-year statute of repose.[1] On April 16, the court held that under the parties’ specifically negotiated… Continue reading Indemnity Lessons From Mass. Construction Defect Ruling
Navigating Construction Defect Claims and Statutes of Limitation: Key Lessons from Stoecklein v. Fayette Farms
David McLain | Higgins, Hopkins, McLain & Roswell In the recent Colorado Court of Appeals decision Stoecklein v. Fayette Farms, LLC (2024 WL 5098330), the Court addressed critical issues surrounding construction defect claims, statutes of limitations, and the interplay between the Colorado Consumer Protection Act (“CCPA”) and the Construction Defect Action Reform Act (“CDARA”). This case underscores… Continue reading Navigating Construction Defect Claims and Statutes of Limitation: Key Lessons from Stoecklein v. Fayette Farms
Recent Florida Court Decision Provides Important Lesson on Construction Defect Damages
C. Ryan Maloney | Shutts & Bowen The recent Florida appellate case of Bandklayder Development, LLC v. Sabga,[1] provides an important lesson regarding damages for construction defects – that damages for construction defects must be proven based on costs of repair measured as of the date of the breach, not current repair costs as of the time… Continue reading Recent Florida Court Decision Provides Important Lesson on Construction Defect Damages