Answered step by step
Verified Expert Solution
Question
1 Approved Answer
rewrite: In this case, Bennett's contract claim centers on SCC's failure to deliver a home suitable for its intended purpose and constructed with quality workmanship.
rewrite: In this case, Bennett's contract claim centers on SCC's failure to deliver a home suitable for its intended purpose and constructed with quality workmanship. Despite any consequential damages described as "damage to realty," Bennett's claims rest on contractual obligations. According to 9-24 of the Franklin Civil Code, claims arising from construction contracts must be filed within six years of substantial completion, regardless of when the defects were discovered (Popper v. Naybors). Since the house was substantially completed in July 1997, and it is now well into 2004, the six-year statute of limitations on contractual claims has expired. While there are arguments to potentially toll the statute of limitations, they are unlikely to succeed based on existing case law
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started