Construction defect claim barred by SOL

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UNPUBLISHED

D&D Signature Homes, Inc. (D&D) appeals the trial court’s grant of summary judgment in favor of David A. and Mary L. Eicher d/b/a Eicher Construction (Eicher) on Eicher’s motion for summary judgment. D&D presents six issues for our review, one of which we find dispositive: Are D&D’s claims against Eicher barred by the two-year statute of limitation?

Conclusion (slip op. at 9): The trial court did not err in granting Eicher‟s motion for summary judgment. Judgment affirmed.

Key Analysis (slip op. at 8-9): We conclude the designated evidence reveals that D&D knew of the defects in Eicher’s concrete work in the summer of 2003, thereby triggering the statute of limitation. D&D did not file its complaint against Eicher until March of 2006, nearly three years after the defects were discovered. Therefore, D&D’s complaint against Eicher asserting claims arising from Eicher’s defective work is time-barred by the applicable two-year statute of limitation.

About Bose McKinney & Evans LLP

Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.
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