The Arkansas Court of Appeals affirmed a grant of summary judgment in a case of first impression regarding the interpretation of subsection (f) of the Arkansas statute of repose. The Court rejected an invitation to graft a judicially created exception to the statute of repose and stated that the language of the statute “could not be clearer. . . [T]he legislature chose a clear, uncomplicated prohibition on extension agreements, without exception.” The plaintiff in this construction case attempted to rely on a tolling agreement, executed before the expiration of the five-year window provided by statute, to overcome a statute of repose bar to a breach of contract suit against a local architectural firm. The Court applied the plain language of the statute to reject the tolling agreement and confirmed that a party cannot accomplish by equity, something which was proscribed by statute: “The parties cannot create through estoppel or waiver the very type of agreement prohibited by subsection (f).” Overton Anderson and Mark Wankum, with AMH, represented the local architectural firm sued in this case. The opinion can be found at here.

Mindy Pipkin and David Littleton obtained a defense verdict for their client in Craighead County Circuit Court following a three day trial (June 13 -15, 2011).

Anderson Murphy Hopkins was named 2011 Honorable Mention in the Arkansas Governor’s Work-Life Balance Initiative.

Currently listed in Mid-South Super Lawyers – Overton Anderson, Randy Murphy, Mariam Hopkins, David Littleton, Scott Provencher, Julia Hancock and Jason Campbell.

Currently listed in The Best Lawyers in America – Randy Murphy, Mariam Hopkins, Mike Vanderford, David Littleton, Scott Provencher and Jason Campbell.