February 10, 2006
Statutes of Repose
A Missouri Statute of Repose (think Statute of Limitations or a time bar to the filing of a lawsuit) was AVOIDED by the Missouri Court of Appeals, allowing a claim to be filed against a property owner that otherwise would appear to be out of time!
Why? Well, it appears the Court is thinking that in some instances, where the owners are sophisticated owners by education (here a college professor and dentist) and the owners know about defects, the Court will disregard any limitations on filing a lawsuit!
While this decision is to be appealed....."bad facts make bad law"...if you know about defective construction-fix it!
Posted by Dave Seitter on February 10, 2006 | Permalink | Comments (0)
November 30, 2005
California Statute of Repose
Good 'ol Kent Holland....he indicated a new decision in California may erode the statute of limitations in construction defects cases....I am confused....I thought this was true in all such cases, specifically personal injury case and only now it applies to construction defect cases?
Man, I thought California essentially has NO statute of limitations?
Posted by Dave Seitter on November 30, 2005 | Permalink | Comments (0)
