Category Archives: Statute of Limitations-Repose

Too Late for The Blame Game: Massachusetts Court Holds That the Statute of Repose Barred a Product Manufacturer from Seeking Contribution from a Product Installer

This entry was posted by Gus Sara on March 9, 2022.

In State Farm Fire & Cas. Co. v. Wangs Alliance Corp., No. 21-cv-10389-AK, 2022 U.S. Dist. LEXIS 26712, the United States District Court for the District of Massachusetts (District Court) considered whether a product manufacturer was barred by the Commonwealth’s six-year statute of repose for improvements to real property from joining the installer of the product as a third-party defendant. The court denied the defendant’s motion for leave to file a third-party complaint to join the installer, finding that the installer completed its work more than six years prior to the motion being filed. This case reminds us that Massachusetts’ six-year statute of repose for improvement to real property also bars a defendant’s contribution claims against third parties. Continue reading →

This entry was posted in Construction Defects, Contribution-Apportionment, Massachusetts, Statute of Limitations-Repose and tagged Construction Defects, Contribution, Improvement, Massachusetts, Statute of Repose.

Tick Tock: Don’t Let the Statute of Repose or Limitations Time Periods Run on Your Construction Claims

This entry was posted by Gus Sara on February 23, 2022.

In Wascher v. ABC Ins. Co., No. 2020AP1961, 2022 Wisc. App. LEXIS 110 (Feb. 9, 2022), the Court of Appeals of Wisconsin considered whether the plaintiffs were barred — by Wisconsin’s 10-year statute of repose for improvements to real property claims and the six-year statute of limitations for breach of contract claims — from bringing a lawsuit against the original builders of their home. The plaintiffs alleged negligence and breach of contract against the masonry subcontractors, asserting that they improperly installed the exterior stone cladding. The court found that the plaintiffs’ claims against the original builders were time-barred. Continue reading →

This entry was posted in Construction Defects, Contracts, Statute of Limitations-Repose, Wisconsin and tagged Construction Defects, Contracts, Statute of Limitations, Statute of Limitations – Discovery Rule, Statute of Repose, Substantial Completion, Wisconsin.

Nevada’s Common Law Meaning of the Term “Substantial Completion” in the Statute of Repose

This entry was posted by William L. Doerler on September 29, 2021.

Statutes of repose establish a legislature’s determination of when defendants should be free from liability. As set forth in Nevada Revised Statute (NRS) 11.202, the statute of repose for construction improvements in Nevada is six years after “substantial completion.” In Somersett Owners Ass’n v. Somersett Dev. Co., 492 P.3d 534 (Nev. 2021), the Supreme Court of Nevada (Supreme Court) discussed when a construction improvement is substantially complete, as defined by the common law, for purposes of NRS 11.202. Because the plaintiff did not establish that its suit was filed within six years of when the rockery walls at issue were substantially complete, the Supreme Court affirmed the decision of the court below. Continue reading →

This entry was posted in Construction Defects, Nevada, Statute of Limitations-Repose and tagged Construction Defects, Nevada, Statute of Repose.

Original and Subsequent Homeowners in Rhode Island Are Subject to the Same Rules for Determining How Long a Breach of Implied Warranty Claim Is Actionable

This entry was posted by Jonathan Millis on March 16, 2021.

In Mondoux v. Vanghel, No. 2018-219, 2021 R.I. LEXIS 2, 2021 WL 264542, the Supreme Court of Rhode Island considered whether to apply the “discovery rule” to toll the ten year statute of limitations in R.I. Laws § 9-1-13(a) for the plaintiffs’ action for breach of the implied warranty of habitability. Stated another way, the court considered when the plaintiffs’ claim accrued with respect to latent defects. Guided by public policy and the need to provide a definite end for exposure to liability as reflected in Rhode Island’s construction-related ten year statute of repose, R.I. Laws § 9-1-29, the court applied a modified discovery rule. Continue reading →

This entry was posted in Rhode Island, Statute of Limitations-Repose, Warranty - Construction, Warranty-Implied and tagged Rhode Island, Statute of Limitations - Tolling, Statute of Repose, Warranty - Construction.

What’s the Gist? Massachusetts Court Looks Past the Labels to the Gist of the Plaintiff’s Allegations to Find Claims Barred by the Statute of Repose

This entry was posted by Gus Sara on March 5, 2021.

In Lennar Northeast Props. v. Barton Partners Architects Planners, Inc, C.A. No. 16-cv-12330-ADB, 2021 U.S. Dist. LEXIS 11800, the United States District Court for the District of Massachusetts considered whether a property owner’s construction defect claims against a contractor were barred by the six-year statute of repose for improvements to real property. Massachusetts’ statute of repose, Mass. Gen. Laws ch. 260, § 2B, bars tort actions against those involved in the design, planning, construction or general administration of an improvement to real property more than six years after the earlier of the dates of (1) the opening of the improvement to use; or (2) substantial completion of the improvement and the taking of possession or occupancy by the owner. Finding that, despite the fact that the plaintiff’s actions were labeled as contract, breach of warranty and consumer protection act claims, the complaint alleged actions sounding in tort. Thus, the court applied the statute of repose to these claims. Continue reading →

This entry was posted in Construction Defects, Litigation, Massachusetts, Statute of Limitations-Repose, Subrogation and tagged Construction Defects, Contracts, Indemnification, Massachusetts, Status of Repose, Subrogation.

Massachusetts Pulls Phased Trigger On Its Statute of Repose

This entry was posted by Kyle Rice on November 30, 2020.

In D’Allesandro v. Lennar Hingham Holdings, LLC, 486 Mass 150, 2020 Mass. LEXIS 721, the Supreme Judicial Court of Massachusetts answered a certified question regarding how to apply the Massachusetts statute of repose, Mass. Gen. Laws ch. 260, § 2B, in regards to phased construction projects. The court held that, in this context, the completion of each individual “improvement” to its intended use, or the substantial completion of the individual building and the taking of possession for occupancy by the owner or owners, triggers the statute of repose with respect to the common areas and limited common areas of that building. Additionally, the court held that where a particular improvement is integral to, and intended to serve, multiple buildings (or the development as a whole), the statute of repose is triggered when the discrete improvement is substantially complete and open to its intended use.

Continue reading →

This entry was posted in Construction Defects, Massachusetts, Statute of Limitations-Repose and tagged Condominiums, Construction Defects, Massachusetts, Negligence, Statute of Repose.

Parties’ Agreement Doesn’t Pull the Trigger on California’s Statute of Repose

This entry was posted by William L. Doerler on April 30, 2020.

In Hensel Phelps Constr. Co. v. Superior Court, 257 Cal. Rptr. 3d 746 (Cal. Ct. App. 2020), the Court of Appeals of California, Fourth Appellate District, addressed whether a party’s contractual definition of the phrase “substantial completion” controlled the trigger date for California’s construction-related statute of repose, Cal. Civ. Code § 941(a). The Fourth District held that the agreement between the condominium owner and developer for Smart Corner Condominiums and the general contractor, Hensel Phelps Construction Co. (Hensel Phelps) – which determined the date of “substantial completion” for the construction project – did not control when the statute of repose started to run. Continue reading →

This entry was posted in California, Construction Defects, Statute of Limitations-Repose and tagged California, Construction Defects, Statute of Repose.

Not so Fast – Florida’s Legislature Overrules Gindel’s Pre-Suit Notice/Tolling Decision Related to the Construction Defect Statute of Repose

This entry was posted by wpengine on April 15, 2020.

As discussed in a prior blog post, in Gindel v. Centex Homes, 2018 Fla.App. LEXIS 13019, Florida’s Fourth District Court of Appeal held that when the plaintiffs provided a pre-suit notice in compliance with §558.004 of Florida’s construction defect Right-to-Cure statute, Fla. Stat. §§ 558.001 to 558.005, et. seq., they commenced a “civil action or proceeding,” i.e. an “action,” within the meaning of Florida’s construction defect Statute of Repose, Florida Statue § 95.11(3)(c). Thus, the court held that the plaintiffs commenced their action prior to the time Florida’s 10-year statute of repose period ended. In overturning the lower court’s dismissal of the action, the court found that because the Right-to-Cure statute, §558 of the Florida Statutes, sets out a series of mandatory steps that must be taken prior to bringing a judicial action, filing pre-suit notice of claim sufficiently constituted an “action” for purposes of Florida’s Statute of Repose. Continue reading →

This entry was posted in Construction Defects, Florida, Right to Repair Act, Statute of Limitations-Repose and tagged Construction Defects, Florida, Right to Repair Act, Statute of Repose.

Minnesota Addresses How Its Construction Statute of Repose Applies to Condominiums

This entry was posted by William L. Doerler on March 26, 2020.

Courts often struggle with the question of when the statute of repose starts to run for construction projects that involve multiple buildings or phases. In Village Lofts at St. Anthony Falls Ass’n v. Housing Partners III-Lofts, LLC, 937 N.W.2d 430 (Minn. 2020) (Village Lofts), the Supreme Court of Minnesota addressed how Minnesota’s 10-year statute of repose, Minn. Stat. § 541.051, applies to claims arising from the construction of a condominium complex. The court held that the statute of repose begins to run at different times for: a) statutory residential warranty claims brought pursuant to Minn. Stat. §§ 327A.01 to 327A.08, et. seq.; and b) common law claims arising out of the defective and unsafe condition of the condominium buildings. Continue reading →

This entry was posted in Construction Defects, Minnesota, Statute of Limitations-Repose, Warranty - Construction and tagged Condominiums, Construction Defects, Minnesota, Statute of Repose, Warranty - Construction.

Massachusetts Court Holds Statute of Repose Does Not Apply to Claims for Failure to Maintain Property

This entry was posted by Gus Sara on February 3, 2020.

In Penn-America Insurance Company v. Bay State Gas Company, 96 Mass. App. Ct. 757 (2019), the Appeals Court of Massachusetts considered whether the plaintiff’s claims against the defendant, arising from an alleged defect in the defendant’s natural gas line, were time-barred by the six-year statute of repose for improvements to real property. The Appeals Court held that the statute of repose did not apply to the plaintiff’s claims, which were related to the defendant’s alleged failure to maintain its property. Thus, in Massachusetts, the statute of repose does not apply if the plaintiff’s claim is rooted in the failure to maintain an improvement, rather than negligent design or construction of the improvement. Continue reading →

This entry was posted in Construction Defects, Massachusetts, Statute of Limitations-Repose, Subrogation and tagged Construction Defects, Massachusetts, Statute of Repose, Subrogation.