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Gropper v. STO Corp.

The 6-year limitation period under O.C.G.A. § 9-3-24 applied to plaintiff's contractual and warranty claims arising out of the use of synthetic stucco in the construction of their home.

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Gary R. and Vicki Rae Gropper filed claims arising from the use of synthetic stucco in the construction of their home. The defendants are STO Corp., the manufacturer of the synthetic stucco product, or “Exterior Insulating Finishing System” EIFS; Renaissance Building Corp, the builder; and Evans Plastering Company, a subcontractor. The Groppers’ building contract specified the use of 1-inch insulation and a product called “Dryvit.” But the Groppers assert that Renaissance substituted STO’s EIFS product without informing them. The Groppers claim that this system repeatedly failed, allowing water to seep into the exterior insulation and framework of their house. They filed suit asserting claims for product defects strict liability, breach of contract, breach of warranty, fraud and negligence. At issue is whether their claims are barred by the applicable statute of limitations.

The Certificate of Occupancy on the Groppers’ home was issued on February 23, 1993. The Groppers’ suit was filed on February 28, 1997 in Fulton Superior Court, four years and five days later. The defendants filed summary judgment motions, claiming that the Groppers’ claims were barred by the four-year statute of limitation for damage to property, OCGA § 9-3-30, counting from the issuance of the Certificate. The Groppers’ former counsel dismissed the first suit without prejudice on October 20, 1998 before these motions were decided.

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