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S. Fraser Reid III has extensive experience in commercial and  business litigation. View Bio

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McDowell Knight Receives Favorable Opinion From Eleventh Circuit Court of Appeals

(Mobile, AL)—On September 6, 2017, McDowell Knight Roedder & Sledge, LLC attorneys Brian McCarthy and Anne Laurie McClurkin secured a victory for their clients in the Eleventh Circuit Court of Appeals in a matter of first impression involving Alabama’s construction statute of repose.

Brian and Anne Laurie represented the defendants, a construction group, in an indemnity action filed in the United States District Court for the Southern District of Alabama.  On behalf of the defendants, they filed a motion to dismiss the plaintiff’s complaint as time-barred by Alabama’s seven-year construction statute of repose, arguing that the statute established certain requirements that must be satisfied in order for parties to extend the repose period and that the indemnity provision at issue failed to satisfy the statute’s requirements.  See Ala. Code §§ 6-5-220—227.  After several rounds of briefing and oral argument, the district court agreed and dismissed the plaintiff’s claims as time-barred.

On appeal, the Eleventh Circuit affirmed the district court’s order of dismissal.  The Eleventh Circuit adopted the reasoning set forth in the district court’s eleven-page opinion, finding that under the principles of statutory and contractual interpretation advanced by the defendants, plaintiff’s indemnity provision failed to satisfy the requirements of § 6-5-227.  See Sears, Roebuck and Co. v. Hardin Constr. Grp., Inc., Case No. 16-00272-KD-B, 2016 WL 6395906 (S.D. Ala. Oct. 27, 2016), aff’d, 2017 WL 3887980 (11th Cir. Sept. 6, 2017).

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McDowell Knight Roedder & Sledge, LLC represents Fortune 500 companies and other international, national, state and local entities in Alabama and throughout the Southeast. We invite you to learn more at