Tag: statute of limitation

Sophisticated Parties? You May Shorten Both the Start and Length of the Statute of Limitations in CA Commercial Construction Contracts

By Tamara Boeck on Posted in Construction Claims, Construction Contract Interpretation, Construction Contracts, Construction Defects, Construction Litigation, Damages Claims, Defects, Design Build Agreements, Design Professionals and Claims, Developers v. Contractors, Risk Management, Statutes of Limitation, Warranty
Can parties waive both the commencement and length of the statutory limitation periods for construction defect actions?  Yes, answered the Fourth Appellate District, by allowing the parties to contractually preclude the application of the “delayed discovery” rule that normally triggers the commencement of the limitation time period and affirming case law permitting the shortening of … Continue Reading

Statute of limitations: State entity trumps in Safeco Field case

By Adam Walters on Posted in Construction Defects, Statutes of Limitation
On March 5 2009 the Supreme Court of Washington issued a 6-3 decision in WA State Major League Baseball Stadium Public Facilities District v. Huber, Hunt & Nichols-Kiewit Construction, No. 81029-0, in which the court held that the 6-year the statute of limitations for breach of contract did not apply to a construction defect claim … Continue Reading
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