California Appellate Court Upholds Clause In Commercial Construction Contract Shortening Ten-Year Statute Of Limitations For Latent Defects To Four Years. Brisbane Lodging L.P. v. Webcor Builders, Inc. (1st Dist. 2013) 216 Cal.App.4th 1249

California law imposes an outside limit of 10 years for an owner to bring a claim for latent defects arising from an improvement in real property. But, can an owner and contractor contractually agree to shorten the 10 year period, and require that any claim arising from the construction be brought within a shorter time frame?

Addressing an issue of first impression in California, an appellate court has answered in the affirmative. Clauses in commercial construction contracts which shorten the ten-year statute of repose for latent defects to four years are enforceable. More…

–Ralph R. Rhoades

For questions or more information about this topic, please contact Ralph Rhoades
by email at rrhoades@partonsell.com

California law imposes an outside limit of 10 years for an owner to bring a claim for latent defects arising from an improvement in real property. But, can an owner and contractor contractually agree to shorten the 10 year period, and require that any claim arising from the construction be brought within a shorter time […]