Statute of Repose Bars Indemnification Claim against Engineer that Designed Bridge that Collapsed
ConstructionRisk.com Report Vol. #13, Issue #3
See article in the following topic indices:
Indemnification,Statute of Repose
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Because the 10 year state statute of repose made Jacobs Engineers immune from liability for the collapse of the I-35W bridge across the Mississippi River, it was not subject to suit by URS (the subsequent bridge inspection engineer) since there was no common liability for damages owed to the plaintiffs who were killed or injured [...]
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Recent California Decision Erodes Certainty of 10-Year Statute of Repose Against Construction Defect Claims
California law,Construction Defects,Statute of Repose
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For many years, contractors and construction lawyers in California understood that a bright line existed regarding potential liability for construction defects – no liability 10 years after substantial completion of the project. The recent decision by the California Court of Appeal in Acosta v. Glenfed Development Corp., 128 Cal.App. 4th 1278 (2005) took a narrow [...]
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Statute of Repose Applies to Contract and Negligence Actions
EIFS,Statute of Repose
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When the exterior EIFS system of a building wall fell down following a severe storm more than 10 years after construction had been completed, a ten year statute of repose was held to bar the building owner’s suit against the construction contractor regardless of whether the legal cause of action was framed as tort (negligence) [...]
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Statute of Repose Passes Constitutional Test
Condominium litigation,Statute of Repose
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The Supreme Court of Washington held that the state’s six-year statute of repose did not violate the state constitution or the equal protection clause of the United States Constitution. Although it found itself compelled to enforce the statute to grant summary judgment on behalf of design professionals who designed condominiums that slid down a hillside [...]
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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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Statute of Repose Bars Claim for Contribution and Indemnification against Engineer that Designed Bridge that Collapsed
Contribution,Indemnification,indemnity,Statute of Repose,Vicarious Liability
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Because the 10 year state statute of repose made Jacobs Engineers immune from liability for the collapse of the I-35W bridge across the Mississippi River, it was not subject to suit by URS (the subsequent bridge inspection engineer) since there was no common liability for damages owed to the plaintiffs who were killed or injured [...]
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