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Category Archives: Statute of Limitations

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Waiting for Claim Assignment Doesn’t Toll Statute of Limitations: American Family v. Plunkett

Posted in Assignments, Illinois, Insurance, States, Statute of Limitations

After paying a flood damage claim, an insurance company waits too long to get an assignment of the rights to sue a contractor and architect. Result: the insurance company’s lawsuit gets dismissed and the Illinois Appellate Court affirms. The decision: American Family v. Plunkett (PDF). Backstory An owner’s property floods in the summer of 2006…. Continue Reading

AIA Contract For Early Start and Early End To Statute of Limitations: Illinois Court Says Yes – Part 2

Posted in Illinois, States, Statute of Limitations, Statute of Repose

In yesterday’s post we talked about the recent case of Federal Insurance Company v. Konstant. That’s the recent Illinois case upholding the section of an American Institute of Architects (the “AIA”) architects agreement that imposes an early start to the statute of limitations on owner design defect claims. Today we’ll talk about how that case… Continue Reading

AIA Contract For Early Start and Early End To Statute of Limitations: Illinois Court Says Yes – Part 1

Posted in Illinois, States, Statute of Limitations, Statute of Repose

When an owner and a contractor enter into a construction contract using a form from the American Institute of Architects (the “AIA”), they usually agree to special terms that limit how the amount of time either side can pursue a claim against the other. I often wonder how courts react to these kinds of terms… Continue Reading