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John M. Becker
Experienced Legal Counsel for Architects, Engineers, Surveyors, LSRPs
& Construction Related Professionals
394 N.J.Super. 159 (App.Div. 2007)
The Church filed a suit against the architect and several other defendants based on alleged construction defects. The Superior Court, Law Division entered summary judgment in favor of the defendants on grounds that the suit was filed beyond the statute of limitations. The Church appeal the dismissal.
The Superior Court, Appellate Division held that: (1) contract clause, providing that the statute of limitations for any cause of action arising under the contract would run from the date of “substantial completion,” was valid and enforceable under Pennsylvania law, and (2) the Church was not entitled to equitable tolling of the limitations period.
Accordingly the dismissal was affirmed.
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