Statute of Limitations
Claims Based on General Contract Obligations “Sounded in Negligence” and Were Thus Barred by the Statute of Repose
January 26th, 2023
A project owner has learned that claims based on shoddy work, as opposed to violation of a specific technical requirement, will be deemed to “sound in negligence” and be subject to the statute of repose. In Massachusetts, the statute of limitatio…
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Arbitration Demand Timely Despite Complicated Backdrop
February 21st, 2021
Consider the project vendor situation: August 2010 – project complete August 2011 – warranty expires (but is extended by the vendor for a few more months) Throughout 2012 – continued problems with the equipment July 2013 – parties sign to…
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Agreement to Arbitrate Assignable, but Subject to Statute of Limitations
January 9th, 2020
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 o…
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Contract Ambiguity Affected Accrual of Claim, and Statute of Limitations Analysis
June 2nd, 2018
A seemingly minor ambiguity in contract terms, probably unnoticed at the time, has affected the timeliness of a claim for construction defects. The contract was signed in 2008, after the 2007 updates to the AIA contract forms had been published. The…
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Categories: Construction
NH Municipalities Cannot Invoke Same Statute of Limitations Protections as the State
December 20th, 2016
Some states recognize the doctrine expressed in English as “no time runs against the king” and in Latin as “nullum tempus occurrit regi.” The doctrine arises from time to time when a state agency seeks to recover against a private company on…
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Limitations period on design contract starts when design is fully approved and not when design is initially stamped
February 17th, 2016
The Supreme Court of Virginia has held that final approval of a design triggered commencement of the limitations period, and not submission of the original stamped drawings. The design firm had argued that the original submittal was the triggering da…
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Categories: Construction
Insurance Statute of Limitations Upheld Even After Timely Notice
October 7th, 2015
The insured sustains major water damage on December 19, 2009 (an unoccupied house under construction), and learns about the damage on December 28. He gives prompt notice to the carrier. The carrier investigates, and January 14, 2011 – just over a y…
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Reference to Arbitration Did Not Toll Statute of Limitations
September 17th, 2015
Where homeowners sought to arbitrate an insurance coverage dispute within the two-year statute of limitations, but the carrier declined to do so, the homeowners’ failure to file a lawsuit within that two-year period resulted in the claim being dism…
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