DECISIONS STRENGTHEN LIMITATION STATUTES

THE "STATUTES OF LIMITATIONS" WHICH PROVIDE THAT, AFTER A CERTAIN PERIOD, A PERSON CAN NOT BE SUED ON A CLAIM ARISING OUT OF A PARTICULAR TYPE OF TRANSACTION, ARE DISCUSSED. BY ESTABLISHING LIMITATION PERIODS, CONTRACTORS AND ARCHITECTS ARE PROTECTED IN A UNIQUE WAY. THESE STATUES WERE QUESTIONED AND TRIED IN COURT AS THEY WERE THOUGHT TO VIOLATE THE DUE PROCESS AND EQUAL PROTECTION CLAUSES OF THE UNITED STATES CONSTITUTION. THERE IS SOME QUESTION WHETHER THESE STATUTES WILL BE CONSTRUED TO HOLD THE CONTRACTOR FREE FROM CONCEALED DEFECTS OR IMMANENTLY OR INHERENTLY DANGEROUS CONDITIONS. THE SCOPE OF THESE CLAUSES WILL BE DETERMINED BY AN ANALYSIS OF THE PROVISIONS' LANGUAGE AND ITS VALIDITY WILL DEPEND ON THE COURTS' CONCEPTION OF ITS ROLE UNDER THE STATE CONSTITUTION.

Media Info

  • Pagination: p. 23-5
  • Serial:
    • Constructor
    • Volume: 53
    • Issue Number: 11
    • Publisher: Associated General Contractors of America
    • ISSN: 0162-6191

Subject/Index Terms

Filing Info

  • Accession Number: 00238908
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Jun 5 1972 12:00AM