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Does the statute of repose apply to other situations?

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Not IC

Junior Member
What is the name of your state? Guam (USA) but our laws are similar to California

Ok so I’m wondering if the statute of repose would apply to a local government consultant who assists in supervising projects, observes projects, helps plan, works on grants, does projections, does estimates.for architects, contractors, other vendors? It’s a three party contract government->contractor->sub contractor (subject). Money and project work flow through to the sub consultant. About 90% of his projects are improving real property. Majority of the ptojects are federally funded. The consultant is owed money and potentially has a lawsuit for Nonpayment . He is owed a large amount of wages. There’s no deficiencies in the buildings they improved, but I did read something about using the statute of repose for indemnity. Im wondering how it applies to planning....Does the statute of repose only apply to physical physical properties of the building?

Here is our local law it starts on page 12

http://www.guamcourts.org/CompilerofLaws/GCA/07gca/7gc011.pdf
 


Zigner

Senior Member, Non-Attorney
What is the name of your state? Guam (USA) but our laws are similar to California

Ok so I’m wondering if the statute of repose would apply to a local government consultant who assists in supervising projects, observes projects, helps plan, works on grants, does projections, does estimates.for architects, contractors, other vendors? It’s a three party contract government->contractor->sub contractor (subject). Money and project work flow through to the sub consultant. About 90% of his projects are improving real property. Majority of the ptojects are federally funded. The consultant is owed money and potentially has a lawsuit for Nonpayment . He is owed a large amount of wages. There’s no deficiencies in the buildings they improved, but I did read something about using the statute of repose for indemnity. Im wondering how it applies to planning....Does the statute of repose only apply to physical physical properties of the building?

Here is our local law it starts on page 12

http://www.guamcourts.org/CompilerofLaws/GCA/07gca/7gc011.pdf
Your question isn't really clear. Is the person wanting to sue for money that have been left unpaid on a contract? If yes, then the person would sue based on a failure to pay. I don't see that any statute of repose would apply for the subcontractor to sue the contractor.
 

Zigner

Senior Member, Non-Attorney
Actually with this contract the sub contractor has the ability to sue the government. My question was more if it qualifies under the statute of repose?
It would be strange, but not unheard of, for the subcontractor to have the ability to skip the person he's contracted with and go straight to suing the government. In any case, this matter should be run by a local attorney who can review the contract in full. Contract review is beyond the scope of this forum.
 

Zigner

Senior Member, Non-Attorney
One thing I'd like to point out is that, her in California (since you seem to think the laws are the same similar), the sub-contractor would need to file a timely claim with the government and have it be denied before suing.
 

Not IC

Junior Member
Hi
One thing I'd like to point out is that, her in California (since you seem to think the laws are the same similar), the sub-contractor would need to file a timely claim with the government and have it be denied before suing.
Alot of our laws are adopted from California laws and amended here. I’m looking at the timeframe I need to file. It is a failure to pay situation where notice was given early on and ignored with no attempts to remedy the situation. It was a contract that would allow him to sue the government directly. Also the contract indicates the aggrieved party has the choice of where to file claims.

So to confirm statute of repose only applies to physical defects with the building?
 

Zigner

Senior Member, Non-Attorney
Hi

Alot of our laws are adopted from California laws and amended here. I’m looking at the timeframe I need to file. It is a failure to pay situation where notice was given early on and ignored with no attempts to remedy the situation. It was a contract that would allow him to sue the government directly. Also the contract indicates the aggrieved party has the choice of where to file claims.

So to confirm statute of repose only applies to physical defects with the building?
Did you file an actual claim in a timely manner?
 

Not IC

Junior Member
Did you file an actual claim in a timely manner?
It’s actually a complicated situation. We are in the process of getting a lawyer. It’s for my father he passed away 2 years ago. I think we have 4 years here for contracts and 4 years after last item of the account for open book contracts. His contract was an open book contract according to what I read. There was a automatic renewal clause and a waiver and estoppel.
 

Zigner

Senior Member, Non-Attorney
You definitely need an attorney. As a note, it's better if you start with the facts instead of trying to frame your question.
 

Litigator22

Active Member
What is the name of your state? Guam (USA) but our laws are similar to California

Ok so I’m wondering if the statute of repose would apply to a local government consultant who assists in supervising projects, observes projects, helps plan, works on grants, does projections, does estimates.for architects, contractors, other vendors? It’s a three party contract government->contractor->sub contractor (subject). Money and project work flow through to the sub consultant. About 90% of his projects are improving real property. Majority of the ptojects are federally funded. The consultant is owed money and potentially has a lawsuit for Nonpayment . He is owed a large amount of wages. There’s no deficiencies in the buildings they improved, but I did read something about using the statute of repose for indemnity. Im wondering how it applies to planning....Does the statute of repose only apply to physical physical properties of the building?

Here is our local law it starts on page 12

http://www.guamcourts.org/CompilerofLaws/GCA/07gca/7gc011.pdf
It truly escapes me as how one could perceive that either Guam or California's statutes of repose limiting the time for the commencement of actions for damages suffered due to "patent and/or latent deficiencies in improvements to real property" could have a blessed thing to do with limiting the time for the commencement of an action against parties responsible seeking compensation for service performed in connection with the construction of any such improvements.

(Too much tropical Sun . . . jungle fever . . . . a falling coconut perhaps?)
 

justalayman

Senior Member
One thing I'd like to point out is that, her in California (since you seem to think the laws are the same similar), the sub-contractor would need to file a timely claim with the government and have it be denied before suing.
In 1933 Guam adopted the civil codes of California (with some modifications) as their own. I have no idea if Guam has kept up with the changes in California civil code since that time but due to the initial acceptance of California’s civil codes as their own, there will be a lot of similarities. In fact, the codes are so similar, decisions prior to 1933 in california are accepted as binding in Guam as well. California decisions post 1933 are considered to be “persuasive” in Guam.
 

Zigner

Senior Member, Non-Attorney
In 1933 Guam adopted the civil codes of California (with some modifications) as their own. I have no idea if Guam has kept up with the changes in California civil code since that time but due to the initial acceptance of California’s civil codes as their own, there will be a lot of similarities. In fact, the codes are so similar, decisions prior to 1933 in california are accepted as binding in Guam as well. California decisions post 1933 are considered to be “persuasive” in Guam.
Thanks for the lesson :)

In this case, that would mean that the time to file a claim and/or the time to sue based on a denial of that claim has long passed...
 

Not IC

Junior Member
It truly escapes me as how one could perceive that either Guam or California's statutes of repose limiting the time for the commencement of actions for damages suffered due to "patent and/or latent deficiencies in improvements to real property" could have a blessed thing to do with limiting the time for the commencement of an action against parties responsible seeking compensation for service performed in connection with the construction of any such improvements.

(Too much tropical Sun . . . jungle fever . . . . a falling coconut perhaps?)
I don't know about law. I read something about how the patent or latent deficiencies could be related to things like planning or accounting both related. I also read about indemnification and saw a few cases where contractors were asking for unpaid balances. (your quote in brackets is condescending like the rest of your post and border line racist.)
 
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Not IC

Junior Member
Thanks for the lesson :)

In this case, that would mean that the time to file a claim and/or the time to sue based on a denial of that claim has long passed...
How would that mean the time to file a claim has passed? He died 2 years ago and thats when they stopped paying him. Its 4 years if its based on a written contract and 4 years from the time the last item of account if its a open book contract. His was an open book contract so if I'm not mistaken we have 2 more years plus 6 months to file if those statutes apply. They give an addition 6 months if one of the parties to a contract dies.
 
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