Darren Johnson – July 19, 2013 The California Court of Appeal has upheld a provision in a construction contract by which the builder effectively shaved six years off the limitations period in which the owner could bring a construction defect lawsuit. In Brisbane Lodging L.P. v. Webcor Builders, Inc., 2013 DJDAR 7127 (June 3, 2013),… Continue reading Builders in California May Further Limit the Statute of Limitations
Tag: Statute of Limitations
Statutory Limitation Periods can be Reduced Contractually under Nevada Law
Tamara Boeck – April 15, 2013 The Nevada Supreme Court has answered a question that developers and contractors have been asking for years: can the statutory limitation period for a construction defect action be shortened? The court answered in the affirmative but held that there must be no statute to the contrary and that the… Continue reading Statutory Limitation Periods can be Reduced Contractually under Nevada Law
Colorado Law on Construction Defects, Part I: Statute of Limitations and Statute of Repose
J. David Arkell and Benjamin M. Petre – March 29, 2013 Colorado’s Construction Defect Action Reform Act (CDARA) includes two key statutes that help avoid stale claims and bring certainty to the construction industry and related industries (e.g., the insurance industry): The statute of limitations operates to bar claims when a period of time has… Continue reading Colorado Law on Construction Defects, Part I: Statute of Limitations and Statute of Repose
Supreme Court Knocks Out Last Prop Of OSHA Rule On Statute Of Limitations
James Lastowka and Arthur G. Sapper – March 7, 2013 On February 27, 2013, the Supreme Court of the United States in Gabelli v. SEC unanimously disapproved of the so-called discovery rule for postponing the running of a statute of limitations when a federal government agency seeks a civil penalty. The Court held that the… Continue reading Supreme Court Knocks Out Last Prop Of OSHA Rule On Statute Of Limitations
Construction Trades find Protection in Shortened Statute of Limitations
John S. Higgins and Bonnie Lee Wolf – November 14, 2012 On September 28, 2012, the Ohio Revised Code 2305.06 was amended to reduce the statute of limitations from 15 years to 8 years. In the past, a contracting party had 15 years to file suit for breach of a written contract. For those in… Continue reading Construction Trades find Protection in Shortened Statute of Limitations