California Courts of Appeal
Sep. 10, 2009
Spilling Over
The mere fact a damage claim has its genesis in a construction project does not automatically mean the 10-year absolute limitations period applies, writes Michael Paul Thomas.
FOCUS COLUMN
By Michael Paul Thomas Generally, a lawsuit alleging a latent construction defect must be brought within three or four years (depending on the theory of recovery) after the plaintiff discovers, or should have discovered, the defect. To cap the open-ended nature of this "discovery" rule, however, the Legislature enacted Code of Civil Procedure Section 337.15, which "established a further general rule that no action for latent c...For only $95 a month (the price of 2 article purchases)
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