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
Tag: Statute of Limitations
Colorado Statute of Limitations Defense May Not Apply in Arbitration
Laurie Choi, Amanda McKinlay and James Snow | Snell & Wilmer The construction industry often prefers arbitration for dispute resolution. This is evident as 2022 data demonstrates that construction disputes comprised a significant share of the disputes handled by arbitration organizations.1 Just as arbitration has its advantages for our industry clients, e.g., speed, efficiency, and flexibility, it is… Continue reading Colorado Statute of Limitations Defense May Not Apply in Arbitration
Improvement or Malpractice? Florida Court of Appeals Addresses Applicable Statute of Limitations
Kyle Rice | The Subrogation Strategist In Am. Auto. Ins. Co. v. FDH Infrastructure Servs. LLC., No. 3D22-1143, 2023 Fla. App. LEXIS 3662, the Court of Appeals of Florida, Third District (Court of Appeals) addressed whether Florida’s two-year statute of limitations governing professional malpractice actions or four-year statute of limitations governing improvements to real property was… Continue reading Improvement or Malpractice? Florida Court of Appeals Addresses Applicable Statute of Limitations
Third District Confirms Design Professionals Subject to Four-Year Statute of Limitations for Construction-Based Malpractice Claims
Cesar Avila and Joy Lundeen | Bilzin Sumberg Design professionals lay the foundation for any construction project by preparing plans and other construction documents that general contractors, subcontractors, and others rely on to perform their own work. When construction goes awry, owners and developers often seek legal recourse against their design professionals. Over the last… Continue reading Third District Confirms Design Professionals Subject to Four-Year Statute of Limitations for Construction-Based Malpractice Claims
Florida Shortens Time to File Construction Claims and Imposes Materiality Requirement for Building Code Violations
Ralf Rodriguez | Cozen O’Connor On March 24, 2023, and April 13, 2023, Governor Ron DeSantis signed House Bill 837 and Senate Bill 360 into law, respectively. These new legislative amendments change Florida’s litigation landscape by shortening the statute of limitations for general negligence claims and the statute of repose for construction claims and altering… Continue reading Florida Shortens Time to File Construction Claims and Imposes Materiality Requirement for Building Code Violations