The respondents contracted with the appellants to build a new home and with third parties for stucco finishing.
After experiencing water leaks, the respondents sued the appellants for negligence and breach of contract.
The appellants moved for summary judgment, arguing the claim was barred by the two-year limitation period.
The motions judge dismissed the motion, finding the respondents did not have sufficient knowledge of which party was responsible until they received expert reports.
The Court of Appeal allowed the appeal, holding that certainty of a defendant's responsibility is not required to trigger the limitation period, and expert opinions are not always necessary.
The action was statute-barred.
