September 29, 2010
The construction group at Murtha Cullina recently filed a friend of the court brief with the Connecticut Supreme Court on behalf of nine construction trade associations in State v. Lombardo Bros. Mason Contractors. The case involves a 2008 lawsuit by the State against numerous contractors, design professionals and their insurers and sureties for alleged defects in the design and construction of the UConn Law Library in the 1990s. The State occupied the library in 1996 and claimed to have immediately begun experiencing problems with water infiltration. The State, however, waited 12 years to file its lawsuit, well after the applicable statutes of limitation and repose had expired. The trial court dismissed the lawsuit as time-barred and the State appealed.
On appeal to the Supreme Court, the State argues that, because it is the State, it is not bound by statutes of limitation and repose. The construction industry is understandably concerned with the State’s position. Indeed, if the State’s argument becomes law, contractors and designers will be exposed to the perpetual threat of litigation on state projects. To underscore the severity of the problem, if the foundation of the Old State House cracked and began leaking, the State would be entitled to file suit tomorrow against those who designed and built the foundation. Accordingly, associations representing the interests of general contractors, construction managers, and subcontractors, set aside their sometimes competing interests to join in the friend of the court brief authored by Murtha Cullina. The brief takes the position that the State should be bound by statutes of limitation and repose, just like any private party. Argument is expected for the 2010-2011 term.
Should you have any questions with regard to the above, please contact your attorney or an attorney in our Construction practice group.
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