California Court of Appeal

Summary judgment for defendants in action involving a latent construction defect is affirmed, where: 1) public policy principles applicable to the freedom to contract afford sophisticated contracting parties the right to abrogate the delayed discovery rule by agreement; and 2) under the clear language of the parties' contract, plaintiff's action was untimely because the time for bringing plaintiff' claims against defendants started to run upon substantial completion of the project, and plaintiff's lawsuit was brought more than four years after the agreed-upon accrual date, which was outside the applicable limitations period.

Appellate Information

• Decided 06/03/2013
• Published 06/03/2013

Judges

• RUVOLO

Court

• California Court of Appeal

Counsel