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Does the statute of repose apply to other situations?

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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?)
Man I just realized you were the one that helped answer my question in the other thread I had. I was just about to ask you another question. LOL
 


quincy

Senior Member
Man I just realized you were the one that helped answer my question in the other thread I had. I was just about to ask you another question. LOL
Litigator specializes in being "condescending." If you can ignore the way he presents the information, he generally knows what he is talking about. ;)
 

Zigner

Senior Member, Non-Attorney
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.
In order to sue the governmental entity, you must file a timely claim and then have that claim denied. A timely claim is (in CA) on that is filed within 6 months.
 

Not IC

Junior Member
In order to sue the governmental entity, you must file a timely claim and then have that claim denied. A timely claim is (in CA) on that is filed within 6 months.
On Guam it’s 18 months for the claim plus another 18 months to sue for gov. Angencies. However autonomous agencies are different. They have to follow procurement law, but they can enter into any contract they see will benefit the people of Guam. They can be sued in their own name separately. The contract allows the aggrieved party to choose where to litigate ie. local court, federal court or arbitration. Normally you would arbitrate but the contract gives the option. Arbitration is a tool they use for corruption here. So avoiding it is a big deal. Lots of history here of corrupt arbitration.
 

Zigner

Senior Member, Non-Attorney
On Guam it’s 18 months for the claim plus another 18 months to sue for gov. Angencies. However autonomous agencies are different. They have to follow procurement law, but they can enter into any contract they see will benefit the people of Guam. They can be sued in their own name separately. The contract allows the aggrieved party to choose where to litigate ie. local court, federal court or arbitration. Normally you would arbitrate but the contract gives the option. Arbitration is a tool they use for corruption here. So avoiding it is a big deal. Lots of history here of corrupt arbitration.
Seems you have the answers. Please consult with a local attorney as the facts of your case are, apparently, convoluted enough that any advice you receive here is not helpful because you change the facts.
 

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