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Smith v. KLS Constr. Co. Inc.

The 6-year statute of limitation governing simple written contracts applied to the plaintiff's suit against their builder arising out of the builder's use of synthetic stucco.

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W. Hughes Smith, III, and Barbara Smith filed suit against the builder-seller of their home for damages allegedly caused by the use of synthetic stucco. The trial court ruled that their claims were barred by the statute of limitation and they appeal. Because we find that the trial court applied the wrong statute of limitation to the Smith’s breach of contract claim, we reverse that portion of the trial court’s summary judgment ruling.

In 1993, the Smiths contracted with KLS Construction Company, Inc. to construct their Savannah home. The house was substantially completed and a certificate of occupancy was issued in 1994. An inspection performed in 1999 revealed problems associated with the application of the exterior insulation and finishing system, or synthetic stucco, including termites and wood rot.

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