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

by Kent Holland | Feb 14, 2019 | Newsletter Article

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

by Kent Holland | Feb 14, 2019 | Newsletter Article

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

by Kent Holland | May 13, 2018 | Newsletter Article

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

by Kent Holland | Feb 7, 2018 | Newsletter Article

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

by Kent Holland | Feb 7, 2018 | Newsletter Article

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...
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