• 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
  • November 21, 2013 | Authors: Alex R. Baghdassarian; Todd N. Bressler; Joseph S. Sestay
  • Law Firms: Peckar & Abramson A Professional Corporation - Los Angeles Office ; Peckar & Abramson A Professional Corporation - San Francisco Office
  • 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.