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Robert A. Gallagher, a partner in Pepper Hamilton's Construction Practice Group, is the editor. Additional contributors are listed on the Contributors page. For more information about Pepper's Construction Practice Group, click here.
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Category Archives: Statute of Limitations
The Washington Court of Appeals Clarifies When the Statute of Limitations for a Negligence Claim Begins to Run Under the Discovery Rule
Dep’t of Transp. v. Seattle Tunnel Partners, 2019 BL 36988, 2 (Wash. App. Div. 2 Feb. 05, 2019) Christine Z. Fan On January 8, 2019, the Court of Appeals for the State of Washington reversed and remanded in part a … Continue reading
Eleventh Circuit Holds That the Statute of Limitations on Payment Bond Claim Under Georgia Law Commences at Substantial Completion Rather Than Final Acceptance
Strickland v. Arch Ins. Co., No. 17-10610, 2018 U.S. App. LEXIS 504 (11th Cir. Jan. 9, 2018) Strickland provided sand to a paving company (“Douglas”) for a Georgia Department of Transportation (“GDOT”) road improvement project (the “Project”). Arch Insurance Company … Continue reading
Colorado Appellate Court Holds that Commercial Entity that Owns a Senior Living Facility Is a “Residential Property Owner” Within the Meaning of the Homeowner Protection Act and Is Therefore Entitled to More Lenient Statute of Limitations
Broomfield Senior Living Owner, LLC v. R.G. Brinkmann Co., 2017 Colo. App. Lexis 261 (March 9, 2017) R.G. Brinkmann Company, as general contractor, was retained by Sunrise Development, Inc., a major national developer, for the construction of a senior assisted … Continue reading
U.S. Court of Appeals for the Fifth Circuit Holds Performance Bond Claim Time Barred – Estoppel Excuse Not Available to City
Hartford Fire Insurance Co. v. City of Mont Belvieu 2010 U.S. App. Lexis 14277 (5th Cir. July 13, 2010) The Court of Appeals for the Fifth Circuit recently held that a Texas City’s bond claim was time barred under the … Continue reading
James J. Gory Mechanical Contracting Inc. v. Travelers Casualty & Surety Co. 2010 Phila. Ct. Com. Pl. Lexis 20 (Phila. CCP Feb. 8, 2010) In February 2005, Surety issued payment bond of over $45 million on behalf of the general … Continue reading