Unlicensed Contractors: Statute of Limitations Defense

Austin B. Calhoun | Jimerson & Cobb P.A. | March 11, 2016 Unlicensed contracting is a huge problem in Florida, and the Florida Legislature and Courts have fashioned a host of penalties. See Penalties for Unlicensed Contracting in Florida. However, according to a recent opinion from Florida’s Fifth District Court of Appeals, the loss of… Continue reading Unlicensed Contractors: Statute of Limitations Defense

The Arbitrability Of Statutes Of Limitations In Reinsurance Disputes

Robert W. DiUbaldo and Jeanne M. Kohler | Carlton Fields | January 25, 2016 Whether a particular jurisdiction’s statute of limitations provides a reinsurer with a valid basis to deny payment of a cedent’s claim is sometimes a hotly-contested issue. Where a dispute is litigated in state or federal court, a reinsurer may argue that… Continue reading The Arbitrability Of Statutes Of Limitations In Reinsurance Disputes

Minnesota Supreme Court Concludes Accrual Date of Claim Was Before End of Construction

Conor Shankman | Bernstein Shur Sawyer & Nelson PA | December 29, 2015 Can a statute of limitations start to run in a construction case before substantial completion? In a case from late November, the Minnesota Supreme Court answered the question in the affirmative. For those who may not know, statutes of limitations are time… Continue reading Minnesota Supreme Court Concludes Accrual Date of Claim Was Before End of Construction

California Appeals Court Rejects Insurer’s “Escape” Clause and Confirms Tolling of Statute of Limitations for Equitable Contribution Claims

Timothy P. Lindell | Gordon & Rees LLP | November 5, 2015 In Underwriters of Interest v Probuilders Specialty Ins. Co. (Case No. D066615, filed 10/23/15), the California Court of Appeal for the Fourth District, Division One, rejected an insurer’s “escape” clause, ruled that a Contractors Special Conditions endorsement was inapplicable, and confirmed that the statute of… Continue reading California Appeals Court Rejects Insurer’s “Escape” Clause and Confirms Tolling of Statute of Limitations for Equitable Contribution Claims

Construction and Design Claims: Beware of the Statute of Limitations and Repose

James O. Birr | Jimerson & Cobb P.A. | May 27, 2015 Contractors, developers, owners, and anyone involved in the construction and design industry must be aware of the time periods for bringing suit to enforce construction and design related claims.  Florida law has various limitations periods for filing of lawsuits.  95.11 Florida Statutes.  These… Continue reading Construction and Design Claims: Beware of the Statute of Limitations and Repose

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