California Supreme Court
73 P.3d 517 (2003)
Centex Homes (Centex) (defendant) built the Eagles Ridge project, a development of single-family homes. The homes suffered from design or manufacturing defects that caused window leaks and damaged the homes. Four homeowners (plaintiffs) sued Centex. The lawsuit was filed less than 3 years after the defects were discovered, and the defects could not have been reasonably discovered earlier. However, the lawsuit was filed 10 years and 9 months after the homes’ Notices of Completion were filed. The plaintiffs alleged that Centex had: (1) attempted repairs and (2) told the plaintiffs that the windows were not defective and not to file a lawsuit. Centex argued that the plaintiffs’ claims were barred by the 10-year statute of repose for latent or hidden construction defects. The trial court agreed and dismissed the lawsuit. The California Court of Appeal reversed the decision. Centex then petitioned the California Supreme Court for review.
Rule of Law
Holding and Reasoning (Baxter, J.)
Dissent (Werdegar, J.)
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