Construction defect law in Colorado has been a polarizing issue for decades.  In 2001, the Colorado Construction Defect Action Reform Act (CDARA) was passed to address a perceived crisis in the Colorado construction industry caused by a surge in litigation arising from construction defects.  The law had several key provisions.  It prescribed a process for...

On March 24, 2023, Florida reduced the Statute of Limitations for negligence claims from 4 years to 2 years for any negligence causes of action arising after the amendment went into effect on that date.  Fla. Stat. § 95.11(4)(a); see also Florida House Bill 837, https://www.flsenate.gov/Session/Bill/2023/837.  Negligence if often pled in tandem with or as...

There are two new sections in the Texas Property Code which will provide protection for developers and their design professionals from actions brought by condominium associations for construction defect or design claims. The impetus for this change grew out of concerns by developers and design professionals that as constituted, the Texas Residential Construction Act (“RCLA”)...

A frequent question that arises with claims involving alleged defective products is what effect, if any, the age of the product has on recovery. It’s a common misconception that simply because a product is “old,” any claim for damages caused by it are barred. However, the extent to which there could be recovery for damages...