|December 3, 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.