Recent Florida Legislative Changes Shorten Both Statute of Limitation (“SOL”) and Statute of Repose (“SOR”) for Construction Defect Claims

Holly A. Rice | SDV Insights The Florida Legislature and Governor DeSantis passed Senate Bill 360, effective April 13, 2023, which imposes significant changes to Florida’s statute of limitation (“SOL”) and statute of repose (“SOR”) periods prescribed in Florida Statute § 95.11. In short, the SOL and SOR periods will commence earlier and run earlier,… Continue reading Recent Florida Legislative Changes Shorten Both Statute of Limitation (“SOL”) and Statute of Repose (“SOR”) for Construction Defect Claims

Viewpoint: The Difference Between Statutes of Limitations and Statutes of Repose

Gary L. Wickert | Claims Journal Subrogation professionals, like lawyers, must be constantly vigilant for deadlines, statutes of limitations, statutes of repose, and notice timelines set forth by the laws of the 50 states. Likewise, it is important to know and understand the differences between statutes of limitations and statutes of repose. They are both… Continue reading Viewpoint: The Difference Between Statutes of Limitations and Statutes of Repose

Beyond the Statute: How the Colorado Court Upheld Modified Accrual in Construction Contracts

Hal Baker | Higgins, Hopkins, McLain & Roswell In a case of first impression, the First Division of the Colorado Court of Appeals recently reviewed whether parties may contractually alter the accrual time established by Colorado’s statute of limitations for construction defect actions, C.R.S. § 13-80-104, in South Conejos Sch. Dist. RE-10 v. Wold Architects, Inc.,… Continue reading Beyond the Statute: How the Colorado Court Upheld Modified Accrual in Construction Contracts

Florida District Court Rules Four-Year Statute of Limitations Governs Construction-Based Malpractice Claims Against Design Professionals

Lindsay McCormick | Marshall Dennehey Florida Statute § 95.11 sets the statutes of limitations for numerous claims, but as it relates to construction-related professional negligence claims, there has been a dispute and uncertainty as to whether the two-year or four-year limitation provisions apply. Under Fla. Stat. § 95.11(4)(a), “an action for professional malpractice, other than… Continue reading Florida District Court Rules Four-Year Statute of Limitations Governs Construction-Based Malpractice Claims Against Design Professionals

Limitations: There is a Point of No Return

Amy Anderson | ConsensusDocs After nearly any event that causes inefficiency, delay, or extra cost on a project, there are some things you should always do: review the contract and document the inefficiency, delay, or cost.  However, how you document the particular issue likely changes depending on what is in your contract, your position on the project,… Continue reading Limitations: There is a Point of No Return

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