Jeremy T. Fitzpatrick

(402) 231-8756
Partner
(402) 346-1148 Fax
Jeremy.Fitzpatrick@KutakRock.com
July 1, 2015

In a decision issued on June 25, 2015, the United States Supreme Court ruled that the Fair Housing Act of 1968 (the FHA) prohibits unintentional, or “disparate,” discrimination as well as intentionally discriminatory practices. The case was decided in the context of disparate-income claims against a state agency administering the federal Low Income Housing Tax Credit (LIHTC) program. The Supreme Court’s opinion, while allowing FHA disparate-impact claims to proceed, also included cautionary language counseling lower courts against adjudicating disparate-impact claims in a manner that would discourage housing authorities and developers from engaging in housing development for low-income persons. The case will now return to the federal trial court for a determination, on the merits, of whether the LIHTC allocation decisions by the state housing agency constituted disparate-income discrimination. For more information, please read our client alert.

Client Alert
February 19, 2014
January 9, 2015

The Nebraska Court of Appeals recently found that when a contractor provides an owner with an express warranty to repair defects in a project, the four-year statute of limitations for breach of either that express warranty, or for the implied warranty of workmanlike performance, does not commence running until the end of the warranty period. See James Adams v. Manchester Park, L.L.C. and Southfork Homes, Inc., 22 Neb. App. 525, 885 N.W.2d 819 (Neb. Ct. App. 2014). The contractor involved in the decision has petitioned the Nebraska Supreme Court for further review of the case. However, if not altered by the Nebraska Supreme Court, Adams would mean that the statute of limitations for construction breach-of-warranty claims does not begin to run at substantial completion, but instead at the end of any contractually agreed warranty period. Contractors therefore will want to watch closely the Nebraska Supreme Court’s decision with regard to the Adams case.

Client Alert
April 4, 2013
April 4, 2013
January 27, 2012