Statute of Repose

What Triggers the Statute of Repose on Multi-Phase Project?

It’s a controversial decision on a controversial topic, but a federal court judge has held that the statute of repose on a multi-phase project was triggered by the last phase, and not sooner. In Massachusetts, the six-year statute of repose clock s… Read More
Read More

Violation of Home Improvement Contractor Act is Subject to Statute of Repose

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… Read More
Read More

“Sales Misrepresentation” Claim Does Not Get Around Statute of Repose for Construction Defects

Gotta hand it to them. Plaintiffs who presumably recognized that any claim for design or construction defects would be barred by the New Jersey statute of repose filed a lawsuit alleging that the developer misrepresented the quality of the septic sys… Read More
Read More

Statute of Repose Does Not Bar Fraudulent Concealment Claim

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… Read More
Read More

Statute of Repose Not Tolled by Builder’s Occupancy of House

Is the New Hampshire eight-year statute of repose tolled (extended) when the original builder occupies a house for four years? The NH Supreme Court has said no. Drouin Builders built the house in 2001 and conveyed it to sole shareholder Michael Dro… Read More
Read More