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WCM Victorious on Statute of Repose in PA Construction Defect Lawsuit.
July 17, 2020
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WCM Partner Bob Cosgrove and Philadelphia associate Zhanna Dubinsky won a motion for judgment on the pleadings in the Pennsylvania Court of Common Pleas, Chester County. In <em>John Adams, et al. v. Wilkinson Enterprises, Inc., et al.</em>, the plaintiffs were the owners of luxury homes in the Chester County, Pennsylvania area who had purchased their new homes in 2003 and 2004. The plaintiffs alleged that after they assumed residency, their homes began to suffer from a myriad of construction defect problems. Our client was one of the contractors that had helped build the houses. <span> Notwithstanding their claimed knowledge of the defects</span>, plaintiffs did not commence their actions until December of 2016.
We moved for judgment on the pleadings and argued that the lawsuit was untimely and a violation of the statute of repose. Pennsylvania’s statute of repose abolishes and eliminates causes of action that occur twelve years after completion of construction of an improvement to real property. <span> </span><span> </span>The Honorable Edward Griffith agreed and <a href="https://www.wcmlaw.com/wp-content/uploads/2020/07/Exhibit-A_Court-Order-Re-Pellegrini-Motion-for-Judgment-on-the-Pleadings6.pdf">entered</a> judgment on the pleadings dismissing all claims against our client.
For more information about this post, please contact <a href="mailto:rcosgrove@wcmlaw.com">rcosgrove@wcmlaw.com</a>.