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
Tag: Statute of Limitations
Minnesota Court of Appeals Clarifies When Statute of Limitations Begins for Certain Claims Against Contractors
Christian V. Hokans | Fredrikson & Byron KEY TAKEAWAYS In construction projects, deadlines are key. Property owners want to know when their project will be completed, and contractors want to know how long they have to get their permits, order materials, deploy subcontractors, and do everything else that goes into satisfying an owner’s deadlines. However,… Continue reading Minnesota Court of Appeals Clarifies When Statute of Limitations Begins for Certain Claims Against Contractors
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
Louisiana Adopts Two-Year Statute of Limitations for Tort Claims
Jake P. Skaggs | Cozen O’Connor One of the more unique aspects of Louisiana law was its 1-year statute of limitations (liberative prescription) for tort claims.1 The one-year time period to file a lawsuit was stress-inducing for plaintiffs, particularly in complex matters that involved multiple parties and extensive investigation. The new Act provides: ART. 3493.11. Delictual… Continue reading Louisiana Adopts Two-Year Statute of Limitations for Tort Claims
Continuing Breach Doctrine
David Adelstein | Florida Construction Legal Updates Have you ever heard of the “continuing breach” doctrine? Probably not. It is not a doctrine commonly discussed. It’s a doctrine used to try to argue around the statute of limitations. In an older Southern District Court of Florida case, Allapattah Services, Inc. v. Exxon Corp., 188 F.R.Ed. 667,… Continue reading Continuing Breach Doctrine