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

by Kent Holland | Jan 13, 2016 | Newsletter Article

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...

Indemnification Action Only Accrues for Statute of Limitation Purposes on Date Indemnitee Pays Judgment or Settlement

by Kent Holland | Dec 7, 2015 | Newsletter Article

Kent Holland, J.D. ConstructionRisk, LLC Where a subcontractor failed to honor its contractual indemnification obligations to defend and indemnify a swimming pool installation general contractor against claims arising out of the subcontractor’s work, the general...

Statute of Limitations on Obvious Defect Enforced to Dismiss A/E from Suit: Standard of Care May Exceed Code Requirements

by Kent Holland | Jun 11, 2014 | Newsletter Article, standard of care, time limits

By J. Kent Holland Jr., Esq. Trial court granted summary judgment to an architect, applying a four-year limitations period applicable to injury and wrongful death claims arising out of a “patent deficiency” in design or construction that is “apparent by reasonable...

Injured motorist cannot sue design professional for the alleged negligent design of roadway beyond the statute of repose that is applicable to improvements to real property

by Kent Holland | Oct 10, 2012 | Newsletter Article

Suit against a design professional by a motorist that was injured due to an out-of-control drunk driver in a January 2009 accident was dismissed because the design services of the professional had been performed more than eight years before the accident, and the eight...

Statute of Repose Period Began to Run Only When Contractors Substantially Completed the last of their Overall Project Work Rather than the Date When Defective Materials Were Installed and Accepted for Beneficial Use

by Kent Holland | Oct 4, 2012 | Newsletter Article

When the State of New Jersey brought suit against a number of contractors involved in constructing a state prison, alleging that the centralized underground system that distributed hot water throughout multiple buildings of the prison was defective, the contractors...

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

Indemnification Action Only Accrues for Statute of Limitation Purposes on Date Indemnitee Pays Judgment or Settlement

Statute of Limitations on Obvious Defect Enforced to Dismiss A/E from Suit: Standard of Care May Exceed Code Requirements

Injured motorist cannot sue design professional for the alleged negligent design of roadway beyond the statute of repose that is applicable to improvements to real property

Statute of Repose Period Began to Run Only When Contractors Substantially Completed the last of their Overall Project Work Rather than the Date When Defective Materials Were Installed and Accepted for Beneficial Use

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

Indemnification Action Only Accrues for Statute of Limitation Purposes on Date Indemnitee Pays Judgment or Settlement

Statute of Limitations on Obvious Defect Enforced to Dismiss A/E from Suit: Standard of Care May Exceed Code Requirements

Injured motorist cannot sue design professional for the alleged negligent design of roadway beyond the statute of repose that is applicable to improvements to real property

Statute of Repose Period Began to Run Only When Contractors Substantially Completed the last of their Overall Project Work Rather than the Date When Defective Materials Were Installed and Accepted for Beneficial Use

Search

Get the Newsletter

Connect

Contract Guide for Design Professionals

Recent Newsletters

All Newsletters

Risk Management Workshops

Life Skills Workshop Slides

Contract Clauses – Papers and Articles

Construction Risk Management