Under Florida law, the four year statute of limitations and the ten year statute of repose both begin to run from “the date of actual possession by the owner, the date of the issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of completion or… Continue reading Florida Court Extends Statutes of Limitations and Repose for Construction Defects
Tag: Statute of Repose
Florida May Soon Reduce Statute of Repose For Construction-Related Claims to 7 Years
Amanda Baggett | Deconstructed | February 11, 2015 On January 22, 2015, Representative Jay Fant introduced House Bill 501, a bill aimed at reducing the current statute of repose for construction-related claims from 10 years to 7 years. Florida’s statute of limitations and statute of repose for claims “founded on the design, planning, or construction of… Continue reading Florida May Soon Reduce Statute of Repose For Construction-Related Claims to 7 Years
No Diagnosis, No “Damages”: Wisconsin’s Construction Statute of Repose in Asbestos Cases
Gregory N. Heinen | Wisconsin Appellate Law | February 2, 2015 How to apply Wisconsin’s construction statute of repose, Wis. Stat. § 893.89, in asbestos cases has recently been a hot topic dividing trial courts. The statute bars a broad category of claims if they are brought more than 10 years after the date of substantial… Continue reading No Diagnosis, No “Damages”: Wisconsin’s Construction Statute of Repose in Asbestos Cases
Defeating the Ten-Year Statute of Repose For Latent Construction Defects
Porter Law Group | January 2015 It is an all-too-common scenario in California construction: Nine and a half years after completion of a major California construction project, immediately before the 10-year “statute of repose” for suing on “latent” construction defects expires, a lawsuit claiming damages for “recently discovered” latent construction defects is filed. The property… Continue reading Defeating the Ten-Year Statute of Repose For Latent Construction Defects
N.C. Supreme Court Reverses Court of Appeals and Upholds 20-year Construction Warranty
Richard A. Prosser | Poyner Spurill LLP | January 14, 2015 Freedom of contract principles prevailed in the Supreme Court’s recent ruling that a manufacturer waived application of North Carolina’s 6-year statute of repose by extending an express 20-year warranty of its product. The opinion in Christie v. Hartley issued on December 19 reverses the… Continue reading N.C. Supreme Court Reverses Court of Appeals and Upholds 20-year Construction Warranty