Tag Archives: Improvement

Improvement or Malpractice? Florida Court of Appeals Addresses Applicable Statute of Limitations

This entry was posted by Kyle Rice on June 30, 2023.

In Am. Auto. Ins. Co. v. FDH Infrastructure Servs. LLC., No. 3D22-1143, 2023 Fla. App. LEXIS 3662, the Court of Appeals of Florida, Third District (Court of Appeals) addressed whether Florida’s two-year statute of limitations governing professional malpractice actions or four-year statute of limitations governing improvements to real property was applicable to a claim involving a construction accident due to erroneous structural engineering calculations. The Court of Appeals determined that the four-year statute governing improvements to real property was more specific and governed only construction-based claims and, thus, was the appropriate governing statute. Continue reading →

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

The Final Nail: Ongoing Repairs Do Not Toll the Statute of Repose

This entry was posted by Kyle Rice on October 28, 2022.

In Venema v. Moser Builders, Inc., 2022 PA Super. 171, 2022 Pa. Super. LEXIS 414, the Superior Court of Pennsylvania (Superior Court) upheld an award of judgment on the pleadings from the Court of Common Pleas of Chester County (Trial Court). The Superior Court found that Pennsylvania’s 12-year Statute of Repose for improvements to real property (Statute of Repose) began to run upon the issuance of the certificate of occupancy following original construction of the home in 2003—not from the completion of repairs to the home that continued through 2008. Continue reading →

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