Statute of Limitations

Claims Based on General Contract Obligations “Sounded in Negligence” and Were Thus Barred by the Statute of Repose

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… Read More
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Arbitration Demand Timely Despite Complicated Backdrop

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… Read More
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Agreement to Arbitrate Assignable, but Subject to Statute of Limitations

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… Read More
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Contract Ambiguity Affected Accrual of Claim, and Statute of Limitations Analysis

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… Read More
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NH Municipalities Cannot Invoke Same Statute of Limitations Protections as the State

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… Read More
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Limitations period on design contract starts when design is fully approved and not when design is initially stamped

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… Read More
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Insurance Statute of Limitations Upheld Even After Timely Notice

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… Read More
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Reference to Arbitration Did Not Toll Statute of Limitations

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… Read More
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