Christopher Sweeney | Conn Kavanaugh Under the Massachusetts statute of repose, tort claims involving improvements to real estate generally must be initiated within six years of the improvement’s opening to use.[1] So, for example, if a worker suffers a jobsite injury as a result of an architect’s design defect, the worker’s claim against the architect is… Continue reading Update Your Construction Contract! Massachusetts Supreme Judicial Court Holds that Breach of Contractual Indemnity Provision is Not Barred by the Statute of Repose
Tag: Tort Claims
Louisiana Adopts Two-Year Statute of Limitations for Tort Claims
Jake P. Skaggs | Cozen O’Connor One of the more unique aspects of Louisiana law was its 1-year statute of limitations (liberative prescription) for tort claims.1 The one-year time period to file a lawsuit was stress-inducing for plaintiffs, particularly in complex matters that involved multiple parties and extensive investigation. The new Act provides: ART. 3493.11. Delictual… Continue reading Louisiana Adopts Two-Year Statute of Limitations for Tort Claims
Tort Claims Against an Alter Ego May Be Considered an Action “On a Contract” for the Purposes of an Attorneys’ Fees Award under California Civil Code section 1717
Tony Carucci | Real Estate Litigation Blog California Civil Code section 1717 entitles the prevailing party to attorneys’ fees “[i]n any action on a contract,” where the contract provides for an award of attorneys’ fees to the prevailing party, regardless of whether the prevailing party is the party specified in the contract or not. But… Continue reading Tort Claims Against an Alter Ego May Be Considered an Action “On a Contract” for the Purposes of an Attorneys’ Fees Award under California Civil Code section 1717
“Source of Duty,” Tort, and Contract, Oh My!
Christopher G. Hill | Construction Law Musings Here at Construction Law Musings, I have discussed the general rule in Virginia that tort and contract do not mix. I have also discussed a few narrow exceptions. A Virginia Supreme Court case from October of 2019 lays out both sides of this issue in one glorious opinion. In Tingler v.… Continue reading “Source of Duty,” Tort, and Contract, Oh My!
Yet Another Reminder that Tort and Contract Don’t Mix
Christopher G. Hill | Construction Law Musings I have stated on numerous occasions here at Musings that in Virginia, contract claims and tort claims (read fraud) don’t mix. A recent case from the Federal District Court for the Eastern District of Virginia presents another example of this principle. In Itility LLC v. The Staffing Resource Group, Judge… Continue reading Yet Another Reminder that Tort and Contract Don’t Mix