This form is a Complaint. Plaintiffs allege that defendants are liable for damages for breach of an implied warranty of merchantability. Plaintiffs demand compensatory damages and punitive damages from the defendants, plus prejudgment interest.
New Hampshire Complaint for Defective Home Construction, Defective Design
State:
Multi-State
Control #:
US-CMP-10002
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Word;
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Construction Defect Law and the 'Right to Cure' Statute of LimitationsUtah6 years for contracts4 years for personal injury3 years for property damageVermont6 years for contracts3 years for tortsVirginia5 years for contracts and property damage2 years for personal injuryWashington6 years for contracts3 years for torts47 more rows
Construction defects include improperly designed materials, poor workmanship, and failure to follow construction codes. Any deficiency in a building project can be considered a construction defect, including: Defective architectural designs. Lack of planning or supervision.
New Hampshire's statute of repose for construction claims, RSA 5-b, puts a time limit of eight years from the date of substantial completion on the filing of most lawsuits challenging construction and design deficiencies in the creation of an improvement to real property, after which time no suit can be brought ...
Title 78B Chapter 3 Part 3 Section 304 Actions on written contracts. 78B-3-304. Actions on written contracts. If the action is to enforce an interest in real property securing a consumer's obligation, the action may be brought only in the county where the real property is located or where the defendant resides.
The breach of the contract depends on its writing and failure to fulfill it. The strongest argument is that the breach is ?material,? which means the failure to perform has killed the contract. If the breach is minor and it can still comply with the contract, it may not be the strongest argument to the court.
§ 78B-2-225(3)(a), which provides that: ?an action by or against a provider based in contract or warranty shall be commenced within six years of the date of completion of the improvement[.]? The Utah Supreme Court has established that Utah Code Ann. § 78B-2-225(3)(a) is a statute of repose.
New Hampshire has a three-year statute of limitations, but like most states, the statute of limitations is subject to what is commonly referred to as the ?discovery rule.? This means that the three-year limitation period does not start running until the time a party discovers its injury or damages due to the alleged ...
Statutory Limitations Unless you specifically spell out a different time period in a contract, Utah law permits contract and warranty claims to be filed within six years of the date of completion (or abandonment) of the improvement.