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Summary Judgment for Contractor on Statute of Limitations Grounds

January 23, 2014

Patrick Norris represented a framing contractor in a construction defect action brought by the homeowner. Following oral arguments, the Court granted summary judgment to Patrick’s client on statute of limitations grounds. The homeowner had filed a lawsuit against the general contractor years prior, but had failed to timely assert claims against Patrick’s client. Patrick argued that the filing of the original action started the clock running as to any future claims that might be asserted against other parties for the same alleged construction deficiencies. Patrick further argued that although the case had been dismissed and restored once pursuant to Rule 40(j), SCRCP, his client could not be subject to a tolling of the statute of limitations because he had not consented to the dismissal. The Court agreed and ruled that the failure to file a claim against Patrick’s client within three years from the filing of the original action barred the homeowner’s claim.

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