The Superior Court ruled that the discovery rule doesn’t apply to a latent-defects construction case because a contract provision common in architects’ agreements specified a date for commencing the statute of limitations period.
Considering Gustine Uniontown Associates Ltd. v. Anthony Crane Rental Inc., PICS Case No. 06-0114 (Pa. Super. Jan. 24, 2006) Bowes, J. (19 pages), a three-judge panel rejected the plaintiff’s argument that — despite the contract language — it reasonably believed it had four years to file a lawsuit from the date it discovered the latent defects in construction.
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