Category Archives: Statute of Limitations

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

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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

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Pennsylvania Common Pleas Court Upholds Payment Bond Contractual Limitation Period

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

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United States District Court in Virginia Holds That Prime Contract Provision Concerning Accrual of Statute of Limitations “Flowed Down” to Afford Subcontractor Defense to Defective Work Claim

Steadfast Insurance Co v. Brodie Contractors, Inc. 2008 U.S. Dist. LEXIS 88448 (October 31, 2008 W.D. Va.) Steadfast Insurance Co., as subrogee of Skanska USA Building Co., the general contractor, alleged claims for breach of contract and breach of warranty … Continue reading

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U.S. District Court in Pennsylvania Holds Bilt Rite Claim Subject to Discovery Rule for Limitations Purposes

Waynesborough Country Club of Chester County v. Diedrich Niles Bolton Architects, Inc. 2008 U.S. Dist. LEXIS 45980 (E.D. Pa. July 21, 2008) The case arose out of the design and construction of a new clubhouse for Waynesborough. Diedrich Niles Bolton … Continue reading

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