on the unique needs of contractors, sureties and construction managers. He works with clients through all aspects of dispute resolution, including compliance with complex contractual and statutory claims procedures, informal and formal mediation, arbitration and litigation in New York's state and federal court systems. Although Mr. Boldt is a New York attorney, he handles matters wherever clients have disputes. 180 Canal View Blvd., Suite 600 Rochester, New York 14623 585.473.3100 Phone 585.473.3113 Fax tboldt@ed-llp.com www.ernstromdreste.com state of Connecticut (or just about any other state), stop before you sign, and make sure you understand the meaning of "Nullum tempus occurrit regi," an ancient common law rule which means no time runs against the king. In State v. Lombardo Bros. Mason Contractors, Inc., as it pleases to commence a lawsuit against any private party that provides goods or services to the state, including contractors. Although contractors are bound by State laws that limit the time for commencing a lawsuit against the State of Connecticut, the State, on the other hand, is no more bound by such rules than a medieval English king would have been. As explained by the Court, the doctrine stems from the presumption that the king was "daily employed in the weighty and public affairs of government," and as such, should not "suffer by the negligence of his officers, or by their contracts or combinations no mistake, it is alive and well. In design and construction of a university library. The project was completed in 1996. gressively worse. forensic engineers to conduct a multi- year investigation. and construction defects related to roof parapets, structural steel, exterior wall cavities, flashing, windows and the HVAC system. construction contracts, the State retained a new design professional and different contractors to perform renovation work at a cost of $15 million. State filed a lawsuit against 28 parties involved in the design and construction of professionals, construction manager and contractors. The trial court dismissed the action based on the failure of the State to timely commence suit. In doing so, the court rejected the State's argument that the doctrine of nullum tempus applied under Connecticut common law and otherwise held that it was unfair and incompatible with a strong policy favoring deadlines for lawsuits. On appeal, the Connecticut Supreme Court overruled the trial court, finding in favor of the State's need to protect "the public fisc by allowing the government to pursue wrongdoers in vindication of public rights and property without regard to the time limitations applicable to other parties." the doctrine of nullum tempus, it ruled that the State's sovereign right to an unlimited time to commence a lawsuit cannot be waived, even by the express terms of a contract. Any such terms are unenforceable. The King Can Always Sue You |