Gindel v. Centex Homes, 2018 Fla. App. LEXIS 13019 (Fla. 4th DCA Sept. 12, 2018)

 A group of townhome owners (the “Homeowners”) sued the contractor and a subcontractor (collectively, “Contractor”) who built their townhomes, alleging that Contractor performed defective work.  Contractor had completed construction and conveyed the townhomes to the Homeowners on March 31, 2004.  The Homeowners did not discover the alleged defect until years later.  On February 6, 2014, nearly ten years after Contractor completed the work, the Homeowners notified Contractor of the claimed construction defect.  The Homeowners provided that notice in accordance with Florida’s construction defect statute (Fla. Stat. §§ 558.003; 558.004) that requires pre-suit notice of construction defect claims.  The Homeowners completed the statutory pre-suit procedure and filed their lawsuit on May 2, 2014, more than ten years after taking possession of the townhomes.

Contractor argued that Florida’s ten-year statute of repose barred the lawsuit.  While acknowledging that they filed their lawsuit beyond the ten-year period, the Homeowners stressed that the claims were timely because the action truly had commenced within the ten year period when they submitted the pre-suit notice of claim.  The trial court agreed with Contractor and entered summary judgment in its favor.  The Homeowners appealed.
Continue Reading Submission of Pre-Suit Claim Notice Required by Construction Defect Statute Timely ‘Commences the Action’ Within the Meaning of the Florida Statute of Repose

Bridgwood v A.J. Wood Constr., Inc., 2018 Mass. Lexis 561 (Sup. Ct., Aug. 29, 2018)

On October 30, 2000, the city of Newburyport, through its housing rehabilitation program, awarded A.J. Wood a contract for the rehabilitation of Ms. Terry Bridgwood’s home in Newburyport.  Under the city’s contractor agreement for the housing program, Wood was required to comply with certain standards, including that all rehabilitation, alterations, repairs, or extensions be in compliance with all applicable Federal, State, and local codes.  The agreement also required that all contractors and subcontractors must obtain and maintain all necessary permits, and must certify that the work complied with all Federal, State, and local regulations of the Massachusetts home improvement law, among other things.  The work on the Bridgwood home was completed by Wood in 2001.

In 2012, Bridgwood’s home suffered a substantial fire.  She filed suit in the state superior court in 2016, under the Consumer Protection Statute, claiming that Wood and its electrical subcontractor failed to obtain a permit to replace or repair certain ceiling light fixtures on the premises.  Additionally, she alleged that none of the defendants gave proper notice to local inspectors, nor did they perform their work in compliance with the applicable Federal, State, or local codes, as required by the contractor agreement.
Wood moved to dismiss Bridgwood’s lawsuit as untimely under the statute of repose.  The Superior Court agreed and dismissed the suit.  Bridgwood appealed and the appeal was transferred to the Supreme Court.  A divided Supreme Court affirmed in a 4-3 decision.
Continue Reading Sharply Divided Massachusetts Supreme Court Holds That the Statute of Repose Bars a Homeowner’s Claim Against a Contractor Under the Consumer Protection Statute

Great N. Ins. Co. v. Honeywell Int’l, Inc., No. A16-0997, 2018 Minn. LEXIS 236 (May 9, 2018)

This case arises out of a residential construction project and the installation of ventilators into a home’s HVAC system.  Sixteen years after completion of the work, a fire occurred in one of the ventilators, causing property damage.  After paying the homeowners’ insurance claim, Great Northern Insurance (“Great Northern”), as subrogee, filed suit against McMillan Electric Company (“McMillan”), the manufacturer of the motors in the ventilators, asserting claims for product liability, breach of warranty, and negligence, including a claim for breach of a post-sale duty to warn consumers of the risk of fires in ventilator motors.

The trial court granted McMillan summary judgment concluding that Minnesota’s 10-year statute of repose barred all of Great Northern’s claims except for the post-sale duty to warn claim, which also failed because McMillan owed no such duty. The Court of Appeals reversed both holdings.  On appeal, the Supreme Court affirmed the Court of Appeals’ decision that McMillan’s motor was “machinery,” to which the statute of repose does not apply.


Continue Reading Supreme Court of Minnesota Holds Ventilator Motor Incorporated Into a Home’s HVAC System Qualifies as “Machinery” Excepted From the State’s Ten-Year Statute of Repose

City of Phoenix v. Glenayre Elecs., Inc., 2017 Ariz. LEXIS 121 (Ariz. May 10, 2017)

Between 1960 and 2000, Carlos Tarazon (“Tarazon”) performed work installing and repairing water piping for various contractors and developers in the City of Phoenix, Arizona (the “City”).  In 2013, after developing mesothelioma from exposure to asbestos while working on these projects, Tarazon filed a personal injury suit against numerous defendants, including the City and the various contractors and developers for whom he had worked.

The City filed a third-party complaint against the contractors and developers, alleging that they had agreed to defend and indemnify the City against negligence claims relating to these projects.  With respect to the contractors, their various contracts with the City each expressly required the contractor to indemnify the City from all suits arising from their work.


Continue Reading The King’s Time Is Up: Arizona Supreme Court Holds That the Statute of Repose Bars Untimely Claims by State Entities and Overrides the Doctrine of Nullum Tempus Occurrit Regi

Hill County High School District No. A v. Dick Anderson Construction, Inc., 2017 Mont. LEXIS 38 (Mt. Feb 7, 2017)

This action arose out of the design and construction of a new roof for a high school in Hill County, Montana. The roof was built by Dick Anderson Construction, Inc. (“Contractor”) and designed by Springer Group Architects, P.C. (“Architect”). While the parties disputed whether the roof was ever completed to the School District’s satisfaction, the school was in full use by April 1998 and final payment was issued around that same time.

Problems emerged with the roof almost immediately. The Contractor and Architect worked with the School District to address the problems through October 2003 when the Architect informed the School District that repairs were finished and that no further work was necessary. But the roof partially collapsed in 2010 and the School District filed suit the following year.


Continue Reading Montana Supreme Court Rules That Statute of Repose Is an Absolute Bar to Claims and Cannot be Tolled for Any Reason, Including Concealment

State v. Perini Corp., 2015 N.J. LEXIS 388 (N.J. April 30, 2015)

The Supreme Court of New Jersey held that for an improvement supplying critical utilities to multiple buildings constructed as part of a multi-phase construction project, the ten year statute of repose (N.J.S.A. 2A:14-1.1(a)) begins to run from that time when the final buildings comprising the project are substantially complete and the improvement is hooked up to all of the buildings it is designed to serve.


Continue Reading Supreme Court of New Jersey Determines When Statute of Repose Begins to Run for a Mechanical System Serving a Project Completed in Phases