The defendant architect brought a motion for summary judgment to dismiss a negligence action arising from alleged design defects in a residential building.
The plaintiff argued the defect was not discoverable until a precast concrete unit fell from the building in 2008 and that the claim was therefore timely under the discoverability principle.
The court held that the architectural services agreement contained a contractual limitation clause providing that the architect’s liability ceased six years after substantial performance of the work or another specified triggering event, whichever occurred first.
Substantial performance occurred in 1994 and the action commenced in 2009, well beyond the contractually agreed limitation period.
The court found the clause clear, enforceable, and properly brought to the plaintiff’s attention, and granted summary judgment dismissing the action.
