Statute of Limitations for Breach of Contract Rather Than Negligence Applies to Lawsuit against Engineer That Performed Services Pursuant to Written Contract
ConstructionRisk.com Report Vol. #14, Issue #5
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Statute of Limitations
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A suit against an engineering firm for professional malpractice was timely filed even though the four year statute of limitations period for tort actions had lapsed, where the services were performed pursuant to a written contract, because the six year statute of limitations applicable to breach of contract actions applies to all actions concerning the [...]
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Action Not Barred by Statute of Limitations Where Contract Required Engineer to Perform Certain Services such as Issuing Certificate of Substantial Completion, after Construction Work was Completed
ConstructionRisk.com Report Vol. #14, Issue #3
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Statute of Limitations
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Although the 3 year statute of limitations for professional malpractice typically begins to run from the date of completion of the professional services rather than the subsequent date of construction completion, the New York Supreme court found the time for filing suit was extended where integral portions of the contract required the engineer to supply [...]
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Statute of Limitations in Action against Engineer was Barred Due to 3 Year Negligence Statute Rather than the Longer 6 Year Statute for Breach of Contract
ConstructionRisk.com Report Vol. #14, Issue #3
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Statute of Limitations
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In a case where an engineering firm provided design services for the rehabilitation of a bridge, the professional services were completed when the plans were delivered to the City in 2005. The bridge reconstruction was completed in 2007, and the City discovered cracks in December of that year and reported them to the engineer [...]
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A three-year statute of limitations for negligence claims was applied by a court to dismiss a claim against an architect in which the claimant presented its claim as one for breach of contract based upon alleged breach express warranty. The plaintiff asserted that a six-year period for breach of contract claims should be applied instead [...]
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Statue of Limitations for Negligence Instead of for Breach of Contract Requires Dismissal of Action against Architect
Negligence,Statute of Limitations
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A professional liability claim against an architect was governed by a three-year statute of limitations applicable to non-medical, professional malpractice rather than the six-year statute for actions based on breach of contract. Regardless of whether the alleged failures of the architect were a breach of contract, they arose out of alleged malpractice. Actions to recover [...]
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Do Contractor’s Warranties Ever Expire?
Construction Defects,Statute of Limitations,Warranties
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In December 2001, the Minnesota Court of Appeals issued an important decision regarding statutory home warranties in the case of Koes v. Advanced Design, Inc., 636 N.W. 2d 352 (Minn.Ct.App. 2001). The impact of this case will be felt by homebuilders across Minnesota, because it substantially extends the duration of homebuilders’ liability under the statutory [...]
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A plaintiff filed suit for negligence as well as products liability against a firm that designed, manufactured and installed precast concrete products for a parking garage. The court dismissed the suit because it was filed beyond the six years permitted under the state’s statue of repose applicable to services on construction projects. The plaintiff argued [...]
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A/E Contract Established Time Limit for Suit
Contract Enforcement,Latent Defects,Public Policy Arguments,Statute of Limitations,Time
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To better manage and price the risks associated with design services, A/E’s often include language in their contracts with their clients establishing a specific limitation on how long a client can wait before filing suit against the A/E for damages arising out of the professional services. AIA B141 includes a clause stating: “As between the [...]
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Contractor sues engineer for misrepresenting site conditions
Breach of Contract,Contractor Claims against Design Professionals,Differing Site Conditions,Economic Loss Doctrine,Individual Liability of A/E,Misrepresentation,Negligent Misrepresentation,Statute of Limitations
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Where a general contractor prepared its bid in reliance upon information provided by the project owner’s engineer, and the site conditions differed from what was represented, the contractor sued the engineer for misrepresenting the conditions. Both the contractor and the engineer had separate contracts with the owner and there was no contractual relationship between the [...]
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Date of Substantial Completion Triggers Statute of Limitations period for Prime Contractor to Sue its Subcontractor
ConstructionRisk.com Report Vol. #12, Issue #1
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Statute of Limitations,Substantial Completion
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The prime contract between the project owner and general contractor included a provision stating that the statute of limitations for filing all claims would accrue on the date of substantial completion. Since the contract between the prime and its subcontractors included a flow down provision incorporating the terms of the owner’s prime contract, the statute [...]
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