Catherine Holland Chase recently obtained summary judgment on behalf of her client, a residential construction subcontractor. The Plaintiff homeowner alleged that the subcontractor inspected the roof and applied repairs shortly after the home was purchased. Nearly three years passed before the Plaintiff contacted the homebuilder about leaks in the same location, but the homebuilder denied the warranty claim. The Plaintiff waited another five years before bringing suit. The Plaintiff was seeking damages in excess of $200,000.00.
The Court found that there was no evidence to support the Plaintiff’s claims against the subcontractor as the three-year statute of limitations began to run when homebuilder refused to repair the roof a second time and that Plaintiff failed to bring his claims against the subcontractor within the statute of limitations. The Court also found that the homebuilder’s cross-claims against the subcontractor were derivative in nature and thus the subcontractor was entitled to summary judgment dismissing the homebuilder’s cross-claims as well.