The plaintiff subcontractor brought an action against the defendant general contractor for unpaid contract balances and extras on a hotel construction project.
The parties agreed to bifurcate the trial to determine the limitations issue first.
The plaintiff argued the limitation period did not begin until a 2009 judgment in a related action, claiming he believed a set-off agreement existed and that he was unsophisticated in legal matters.
The court rejected these arguments, finding the plaintiff had sufficient knowledge and records to discover his claim by the fall of 2007 at the latest.
As the claim was issued in April 2010, more than two years after the claim was discoverable, the action was dismissed as statute-barred.
