The third party architect brought a motion for summary judgment to dismiss a third party claim for contribution and indemnity brought by the defendant general contractor.
The architect argued that its contract with the plaintiff contained a six-year limitation of liability clause that had expired.
The court dismissed the motion, finding that section 18 of the Limitations Act, 2002 provides a two-year limitation period for contribution and indemnity claims that supersedes the contractual limitation between the plaintiff and the third party.
The court also noted in obiter that the contractual limitation clause would have impliedly extended to the individual architect.
