David McLain | Colorado Construction Litigation On January 27th, Senator Robert Rodriguez introduced SB 20-138 into the Colorado Legislature. The bill has been assigned to the Senate Judiciary Committee and has not yet been scheduled for its first hearing in that committee. In short, Senate Bill 20-138, if enacted, would: 1) Extend Colorado’s statute of repose for construction defects from 6+2 years… Continue reading Potential Extension of the Statutes of Limitation and Repose for Colorado Construction Defect Claims
Tag: Statute of Limitations
Statutes of Limitations Are Moving Targets During the COVID-19 Pandemic
Rebecca Brazzano and Martine C. Wilson | Thompson Hine Key Notes: Carefully review the raining orders that address tolling of the statutes of limitations in your jurisdictions. Be mindful of governing choice of law provisions. Best practices include using tolling agreements and dusting off the defense of equitable tolling. One of the tried and true… Continue reading Statutes of Limitations Are Moving Targets During the COVID-19 Pandemic
Contract’s Definition of “Substantial Completion” Does Not Apply to Third Party for Purposes of SOL, Holds Court of Appeal
Garret Murai | California Construction Law Blog Those of you in the construction industry know that the two primary statutes of limitation are the 4-year year statute of limitations for patent defects and 10-year statute of limitations for latent defects. Both statutes begin to run on “substantial completion.” In Hensel Phelps Construction Co. v. Superior Court… Continue reading Contract’s Definition of “Substantial Completion” Does Not Apply to Third Party for Purposes of SOL, Holds Court of Appeal
Agreement to Arbitrate Assignable, but Subject to Statute of Limitations
Stanley A. Martin | Commonsense Construction Law Construction of an apartment building was completed in 2005, under a contract with an arbitration clause. The building was sold in 2015, and the seller assigned its rights under the construction contract to the buyer. In 2018, one or more balconies on the building collapsed. Subsequent investigation showed… Continue reading Agreement to Arbitrate Assignable, but Subject to Statute of Limitations
What Is the Prescriptive Period for Louisiana First-Party Bad Faith Claims?
Deborah Trotter | Property Insurance Coverage Law Blog | November 27, 2019 Louisiana federal courts have been split on the issue regarding the applicable prescriptive period (statute of limitation) for first-party insureds’ bad faith claims against their insurers. Recently, the Louisiana Supreme Court granted review of Smith v. Citadel Insurance Company, to definitively rule on… Continue reading What Is the Prescriptive Period for Louisiana First-Party Bad Faith Claims?