Filing a Mediation Demand does not Toll Statute of Limitations for Filing Suit

Negligence lawsuit by project owner against its architect was barred by the three year statute of limitations, which accrued on the date the building permit was issued. The court rejected the owner’s argument that the statute of limitations period was tolled by its...

Warranty of Habitability Suit Barred by Statute of Limitations for Contracts Instead of Torts

A breach of implied warranty of habitability suit against a homebuilder is held to be a breach of contract action rather than a tort (negligence) action and the statute of limitations/statute of repose period applicable to breach of contract (running 4 years from date...

Statute of Limitations Began to Run on Date Homeowner Saw Rust on Roof and not from Date Leaking Began

A homeowner sued the architect and contractor that designed and installed their metal roof, alleging defects due to negligence and breach of contract. The work was done 13 years before suit was filed. Just a year after installation the roof began leaking. The...

Suit Dismissed with Prejudice because Certificate of Merit not filed with Complaint

A crane operator that sustained injuries when his crane tipped over filed a professional negligence claim against an engineering firm. The complaint was filed two days before the running of the statute of limitations and failed to include a certificate of merit that...

Contractual Agreement can shorten statutory Time Limit for Bringing Suit

A contract provision in a homeowner contract with a furnace maintenance company shortened from the statutory three years to just one year, the time period for bringing a claim against the company. The homeowner filed suit against the company more than a year after...

Court Affirms that Indemnification Clauses Traditionally Used and Interpreted as Extending Only to Third-Party Claims – Cannot be Used for First Party Damages from Breach of Contract

By: J. Kent Holland, Jr. The U.S. Court of Appeals for the District of Columbia affirmed a U.S. District Court decision that granted summary judgment to an engineer, holding that the statute of limitations had run on a breach of contract action, and the...

Contractor Under a GMP Contract Cannot Make Indemnification Claim against Engineer for Inaccurate Design Documents that Caused Extra Costs where there was no Third Party Claim

By Kent Holland Hensel Phelps Construction Co. (“Contractor”) was awarded a Guaranteed Maximum Price (GMP) contract for a Marriott Hotel in Washington, D.C. In preparing its GMP proposal, the contractor relied upon “Preliminary Design Documents” that had been prepared...

Engineer Liable for Rainwater Tank Collapse Where it Failed to Provide Appropriate RFI Responses to Contractor

Engineering firm designed site plans for a rain tank system to be buried under a parking lot for a new church sanctuary. As a contractor began constructing the project, it inquired of the engineer via a Request for Information (RFI) about concerns about the...

Condo Complaint Alleging Fraudulent Concealment of Construction Defects Tolled Statute of Limitations for Misrepresentation Claim

Kent Holland, Jr. ConstructionRisk, LLC A condominium association sued the developer and contractor that constructed and sold the condominium complex. Some of the condo units experienced water seepage and resulting damage. An expert determined that water was entering...

Statute of Repose Bars Homeowner Suit against Contractor for Work Performed More than 10 Years Before Suit

Kent Holland, J.D. A homeowner’s negligence suit against a contractor for construction defects resulting in water damage to the home was held to be untimely because it was filed more beyond the 10 year period established by the state’s Statute of Repose. Every winter...