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.
Rhode Island Complaint for Defective Home Construction, Defective Design
State:
Multi-State
Control #:
US-CMP-10002
Format:
Word;
Rich Text
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FAQ
Repose means taking a break from doing something. It can also refer to a law that says you can't sue someone after a certain amount of time has passed, even if you haven't been hurt yet. This law is called a statute of repose and it starts counting down from a specific event, not when you get hurt.
Not to be confused with Statutes of Limitations, many states, and even one federal law, enacted repose statutes that bar a cause of action for product defect before the action even arises. This article explores the history, function, exceptions, and conflict-of-law considerations to little known repose statutes.
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.
A law that extinguishes a right of action after a specified period of time has elapsed, regardless of whether the cause of action has accrued. Courts generally find that statutes of repose begin to run without interruption once the triggering event occurs.
Statutes of repose typically begin to run on the date of a causative event (such as defective construction or negligent manufacture), rather than the date the damages occur.
Ohio's construction statute of repose provides that 10 years is the absolute deadline by which a claim to recover damages arising from ?a defective and unsafe condition of an improvement to real property? may be brought against any person who ?performed services for the improvement to real property? or who ?furnished ...
By statute in Massachusetts, a negligence or other tort action for damages arising out of any deficiency or neglect in the design or construction of an improvement to real property must be commenced within three (3) years after the cause of action accrues (that is, when the property owner discovers or has sufficient ...
For example, if a defective product first sold to a consumer more than ten years ago causes an injury, a ten-year statute of repose (that starts on the product's original date of purchase) might bar a claim even if the statute of limitations (which starts on the date of injury) does not.