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Summary Judgment in Construction Defect Action Against Framing Contractor

October 14, 2013

Patrick Norris represented a framing contractor in a construction defect action brought by the homeowner. After significant discovery, briefing, and oral arguments, the Court granted summary judgment to the contractor on statute of limitations grounds. The homeowner had engaged in significant repair work to the rear elevation of his home (including stripping of the stucco cladding and balcony waterproofing) more than three years prior to filing the claim against the contractor. Patrick argued that the homeowner had the opportunity (and the obligation) to investigate the rest of the home for construction defects at the time of that repair work. The Court agreed and ruled that the failure to file a claim within three years from that repair work was fatal to the homeowner’s claim against the contractor. Patrick further argued successfully that because the contractor was not involved in the repair work, he could not be subject to any “tolling” of the statute of limitations premised upon the repairs.

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For informational purposes only. Past success does not indicate the likelihood of success in future cases.