Jun 14, 2013

Standard AIA Contract language may waive “Discovery Rule”

Authored by: Scott Cahalan and Darren Rowles In a recent decision styled Brisbane Lodging, L.P. v. Webcor Builders, Inc., the California Court of Appeals found that a contract clause providing that all causes of action relating to the contract work would accrue from the date of substantial completion of the project abrogated the delayed discovery rule, which would otherwise delay accrual of a cause of action for latent construction defects until the defects were, or could have been, discovered.   In July 1999, Brisbane and Webcor entered into a contract for the design and construction of a Radisson hotel.  The construction contract… Read more