Statute of Limitation
One-Year Limitations Period Enforceable for Insurance Policy Claims
December 19th, 2019
In what may seem to many as a harsh decision, the New Hampshire Supreme Court has upheld a one-year limitations period in an insurance policy. The insurance carrier and insured homeowners were in contact soon after the loss. The carrier did some inve…
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Violation of Home Improvement Contractor Act is Subject to Statute of Repose
September 1st, 2018
A sharply divided Supreme Judicial Court has held that claims by a homeowner against a contractor, under the state home improvement contractor law, are subject to the statute of repose. Thus, when improper work done in 2001 was not discovered until 2…
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An Unfortunate Reminder About Statutes of Limitation: The Triggering Event!
June 13th, 2018
A developer sought to recover $749,000 in fees it claimed should not have been charged by a town. The fees were paid on October 18, 2013, and the developer filed suit to recover the fees on October 17, 2016. The statute of limitations for the develop…
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Categories: Construction
Four-Year UCC Statute of Limitations Does Not Cut off Remedy against Product Manufacturer’s 10-Year Warranty
April 12th, 2016
When a manufacturer provides a 10-year warranty on its product, that warranty is not cut off by the four-year statute of limitations in the Uniform Commercial Code, per the Delaware Supreme Court. Even when the manufacturer limits the scope of its wa…
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Categories: Construction
Statute of Repose Does Not Bar Fraudulent Concealment Claim
November 7th, 2015
A condo association will be allowed to proceed with a lawsuit against the original developers filed 15 years after completion of the project, and despite a 10-year statute of repose. A divided Illinois Supreme Court has applied a “fraud-based” ex…
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Categories: Construction
About Stan Martin
Stan Martin holds a law degree and an undergraduate degree in architecture. He has been involved with the construction industry for more than 45 years, working in construction prior to law school and beginning his construction law practice. During his career, he has been actively involved with the Associated General Contractors of Massachusetts, the Boston Society of Architects, the American Arbitration Association, and the Massachusetts Building Congress.