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
Tag: Statute of Limitations
How low can you go? Shortening the Statute of Limitations in Arbitration Agreements
Liz Kramer – October 10, 2012 I see more and more arbitration agreements that contain their own limitations period (the timeline for bringing a dispute in arbitration). Are all of those necessarily enforceable? No. In Order of United Commercial Travelers of America v. Wolfe, 331 U.S. 586 (1947), the Supreme Court held that contracts may shorten… Continue reading How low can you go? Shortening the Statute of Limitations in Arbitration Agreements
Is Noticing a Crack Really “Notice”?
Katherine L. Heckert – September 20, 2012 Imagine a homeowner repairs a small crack in the wall, only to find more minor cracks months later, gradually increasing in size, eventually revealing the truth: a significant foundation problem. In the ensuing construction defect litigation, the court must determine if the first crack put the homeowner on… Continue reading Is Noticing a Crack Really “Notice”?
An Overview of Minnesota Statutes of Limitation and Repose in Construction Defect Lawsuits
Alex Nelson – June 27, 2012 The Statutes of Limitation and Repose outline the time-frames within which a construction defect action must be brought. A claim not filed or properly asserted within the applicable time period is considered “time barred’, or “stale”, and is subject to dismissal in its entirety. A few important things to… Continue reading An Overview of Minnesota Statutes of Limitation and Repose in Construction Defect Lawsuits