Construction Disputes: Statutes of Limitation and Repose in Indemnity and Contribution Claims
Advanced Issues, State Law Differences, Discovery Rule, Substantial Completion, Triggering Events, Patent and Latent Defects, Tolling, Estoppel
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide practical guidance on the application of statutes of limitations and repose to indemnity and contribution claims in construction disputes. The panel will address the interrelationship between the discovery rule, contractual indemnity, common law indemnity, and contribution claims, and their connection to statutes of limitations and statutes of repose. The panel will also discuss the current state of the law regarding applying these statutes to indemnity and contribution claims while highlighting unique approaches states have taken on this issue.
- Statutes of limitation
- SOL identification
- Project identification
- General triggering events
- Patent defects
- Latent defects
- Statutes of repose
- Repose period and the discovery rule
- Substantial completion
- Pre-suit requirements and statutory tolling
- Tolling agreements
- Equitable estoppel
- Application of construction statutes of repose and SOLs to claims for indemnity and contribution
- States that reference contribution and indemnity in their relevant statutes
- States that do not
- Practical guidance on asserting and defending these construction claims
The panel will review these and other critical issues:
- What are the historical origins and policy reasons for construction statutes of repose?
- What practical lessons can counsel glean from the constitutional challenges to these statutes?
- What are the practical alternatives to statutes of repose?
- How do courts interpret and apply construction statutes of repose to claims for indemnity and contribution?
- What is the relationship between statutes of limitation and statutes of repose?
- What are practical strategies and insights into common pitfalls, and how can counsel reduce the likelihood of disputes?
- What are best practices for client counseling when a defendant may not want to spoil valuable business relationships by immediately suing for contribution or indemnity when such a suit may not even be necessary if the defendant is not ultimately found liable?
- How can construction counsel leverage choice-of-law provisions in advocating for or against these claims?
- What are best practices for determining whether a statute of repose can be avoided in a particular case or jurisdiction?
- How have courts interpreted the phrase "economic loss" and other critical statutory terms?
Law Offices of Marie Cheung-Truslow
Ms. Cheung-Truslow focuses her trial and appellate practice on complex, high stakes litigation, with particular... | Read More
Ms. Cheung-Truslow focuses her trial and appellate practice on complex, high stakes litigation, with particular emphasis on insurance coverage disputes, arson/fraud investigation, examination under oath, reference and appraisal proceedings, class action prosecution and defense, multiple line large loss subrogation, and bad faith litigation. Ms. Cheung-Truslow has hands-on experience coordinating the investigation of suspicious losses and large loss recoveries through assembling teams of forensic experts, origin and cause investigators, engineers, forensic accountants, computer experts, metallurgists, combustion scientists, and fire protection specialists to analyze and determine the root cause of the losses. As a renowned speaker on insurance law subjects, she offers exceptional insight into complicated issues.Close
Associate Managing Principal
Mr. Quinter is a commercial litigation attorney, with a focus on construction law. He actively works with his clients... | Read More
Mr. Quinter is a commercial litigation attorney, with a focus on construction law. He actively works with his clients in the areas of business planning, contract negotiation and project consulting, risk management and dispute resolution, and litigation. Mr. Quinter has extensive experience in representing stakeholders at every level of the construction industry. He has represented owners, contractors, and subcontractors on both public and private projects on a multitude of issues, including payment issues, defect and delay claims, and indemnification and insurance issues. Mr. Quinter has successfully obtained verdicts and rulings for his construction clients in cases involving various contract claims, liens, surety bonds, and personal injury claims resulting from construction site accidents.Close
Seiger Gfeller Laurie
Mr. Strong focuses his practice in the areas of construction litigation and professional malpractice defense. He has... | Read More
Mr. Strong focuses his practice in the areas of construction litigation and professional malpractice defense. He has represented a variety of clients in the construction arena, including project owners, developers, design professionals, general and prime contractors, and specialty trade contractors, in all phases of construction and commercial litigation. He regularly counsels clients during the pre-construction and construction phases on issues including contract negotiations, risk management, and disputes. Mr. Strong’s representation extends to both public and private projects, and addresses payment claims, delay and impacts, acceleration, design issues, lien law, bond claims and surety issues, defective work, and wrongful termination.Close