Construction Defect - Statute of Limitations

Attorney Anne Cohen represented a general contractor who had contracted with a church to build a large church building.  The contract contained a standard AIA contract accrual provision that provided all claims accrue upon substantial completion of the church.  The construction began in 1998 and was completed in 1999.  In 2009, the church allegedly discovered construction defects in the church building.  Hoping to prevent its claims from being bared under construction defect statute of limitation, the church only brought tort claims against the general contractor seeking over $2.6 million in damages (tort claims have a  discovery rule).  Anne moved to dismiss all claims arguing the claims were time-barred by the contract-accrual provision and that the church could not bypass the time limit by claiming tort damages.  The trial court agreed and dismissed the church’s claims.