Home > Legal Library > Abstract




Join Matindale-Hubbell Connected


A Contractual Agreement between an Owner and a Builder to Shorten the Statute of Limitations is Enforceable, Even if it Results in a Claim Being Time-Barred before it is Discovered



byAlex R. Baghdassarian
Peckar & Abramson A Professional Corporation - Los Angeles Office

Todd N. Bressler
Peckar & Abramson A Professional Corporation - San Francisco Office

Joseph S. Sestay
Peckar & Abramson A Professional Corporation - San Francisco Office

November 21, 2013

Previously published on November 2013

In a recent California Appellate Court decision, Brisbane Lodging, L.P. v. Webcor Builders, L.P. 216 Cal. App. 4th 1249 (2013), the Court upheld a clause in a construction contract that shortened the statute of limitations and abrogated California’s delayed discovery rule as to latent defects. This decision was a case of first impression in the state and is bound to have significant implications for contractors, owners and developers in drafting their construction contracts.


 

The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.
 

View More Library Documents By...

 
Author
 
Alex R. Baghdassarian
Todd N. Bressler
Joseph S. Sestay
Peckar & Abramson A Professional Corporation
 
Los Angeles Office
San Francisco Office
San Francisco Office
 
Peckar & Abramson A Professional Corporation Overview


 

Practice Area Resource Centers
Visit our Practice Area Resource Centers to view practice area specific content compiled from a variety of legal sources. Find related articles, podcasts, industry leader insights and much more. We currently offer the following Practice Areas:Litigation;Intellectual Property;Real Estate;Corporate Law;Criminal Law;Bankruptcy;Immigration;Business Law;Insurance;Taxation;Labor & Employment;Commercial Law;Medical Malpractice;Trusts & Estates;Securities;International Law ;Health Care;Environmental Law;Construction Law;Workers' Compensation