Colorado State Senator Ray Scott recently introduced a bill (SB15-091) to reduce Colorado’s statute of repose for construction claims from 6 years down to 3 years. The bill is set to take effect on August 5, 2015, if the General Assembly adjourns on May 6, 2015, as scheduled, and no referendum petition is filed. If the bill passes, Colorado would have the shortest statute of repose for construction claims in the nation. By comparison, several states maintain statutes of repose of 10 years or longer. A “statute of repose” is one of two types of timing limitations that cuts off… Read more
Tag: Discovery Rule
Standard AIA Contract language may waive “Discovery Rule”
Authored by: Scott Cahalan and Darren Rowles In a recent decision styled Brisbane Lodging, L.P. v. Webcor Builders, Inc., the California Court of Appeals found that a contract clause providing that all causes of action relating to the contract work would accrue from the date of substantial completion of the project abrogated the delayed discovery rule, which would otherwise delay accrual of a cause of action for latent construction defects until the defects were, or could have been, discovered. In July 1999, Brisbane and Webcor entered into a contract for the design and construction of a Radisson hotel. The construction contract… Read more