Sunset Presbyterian Church v. Brockamp & Jaeger

by
Plaintiff Sunset Presbyterian Church contracted with defendant Brockamp & Jaeger to act as its general contractor and build a new church facility. Defendant then subcontracted with Anderson Roofing Company and other subcontractors to perform various specialized construction tasks. Plaintiff did not enter into a contractual relationship with any of the subcontractors. In early 2009, plaintiff allegedly discovered extensive water damage in the church, and filed an action asserting tort claims against defendants. Defendant general contractor filed an affirmative defense alleging that, by the terms of the parties' contract, plaintiff's claims accrued on the "date of substantial completion" and were time-barred. A defendant-subcontractor, which was not a party to that contract, filed an affirmative defense alleging that plaintiff's claims were barred by the statute of ultimate repose. Both defendants moved for summary judgment. The trial court granted their motions and dismissed the case. The Court of Appeals reversed. Defendants then petitioned for review. The Supreme Court concluded that defendants were not entitled to summary judgment, affirmed the decision of the Court of Appeals, reversed the decision of the trial court, and remanded the case to the trial court for further proceedings. View "Sunset Presbyterian Church v. Brockamp & Jaeger" on Justia Law