Tag 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

Posted in Discovery, Negligence, Statute of Limitations | Tagged , , , , , , , , , , , ,

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

Posted in Payment bond, Statute of Limitations | Tagged , , ,

Virginia Supreme Court Holds That Subcontractors Did Not Waive Statute of Limitations, With The Result That The General Contractor Was Liable To Owner For Defective Work But With No Recourse Against Subcontractors Who Performed The Work

Hensel Phelps Constr. Co. v. Thompson Masonry Contractor, Inc., et. al., No. 151780, 2016 Va. LEXIS 166 (Va. Nov. 3, 2016) The dispute arose from the construction of a student health and fitness center at Virginia Tech. The prime contractor, … Continue reading

Posted in Flow Down, Uncategorized | Tagged , , , , ,

U.S. District Court in Maryland Holds One-Year Statute of Limitations Under Miller Act Did Not Commence Until After Required Testing Performed by Subcontractor

United States of America ex rel D&M General Contracting, Inc v. Arch Ins. Co. 2013 U.S. Dist. LEXIS 111260 (D. Md. Aug. 5, 2013) This action arose out of subcontractor’s claim for increased costs allegedly incurred as a result of … Continue reading

Posted in Miller Act | Tagged , , ,

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

Posted in Payment bond, Statute of Limitations, Subcontract | Tagged , , , ,