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General Contractor Claim against Subcontractor Barred by Statute of Limitations applicable to Contract Claims, but Permitted under Negligence Statute of Limitations

by Kent Holland | Feb 19, 2025 | Newsletter Article

A general contractor (GC) was sued by a homeowner because the house burned because of alleged deficiencies in a subcontractor’s masonry work on a fireplace.  The GC lost a judgment of $1.2 million at arbitration.  The subcontractor declined to join the arbitration...

Condo Owners Sue Condo Association for Breach of Contract for Failing to Repair Defective Foundations to their Units (6 year statute of limitations applied)

by Kent Holland | Feb 19, 2025 | Newsletter Article

Where the foundations under several condominium style townhouses settled and caused damage, the unit owners sued the condo association for failing to do necessary repairs.  The court dismissed the tort claim that asserted that the foundations were negligently...

Time Limit for Filing Suit May be Shortened by Construction Contract

by Kent Holland | May 28, 2024 | Newsletter Article

Where plaintiff sued a contractor for construction defects, the contractor filed for summary judgment to dismiss the action because it was filed later than the time period specified in the contract.  Although the action was filed within the time permitted under the...

Parties may contractually agree to extend a statute of limitations

by Kent Holland | Mar 15, 2024 | Newsletter Article

Article written by J. Kent Holland, Jr. and Joanne Dekker Public School District sued Contractor for alleged defective construction of a school after flooding caused extensive damage to the school.  About one year later, School District added Architect for defective...

Homeowner action against Window Manufacturer Dismissed Pursuant to Economic Loss Doctrine

by Kent Holland | Feb 12, 2024 | Newsletter Article

A homeowner who purchased a home 10 years after it was built for the original owner, filed suit alleging negligence, products liability and breach of warranty against the home builder and the window manufacturer, alleging that defective windows caused water damage to...
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