The defendants brought a motion for summary judgment to dismiss the plaintiff's action regarding alleged defects in the design of an HVAC system, arguing the claim was statute-barred.
The plaintiff argued the claim was not discovered until he received an expert report, as the defendants had assured him the design was not flawed.
The court found that the plaintiff knew of the damage and believed the defendants were responsible well before the two-year limitation period expired, as evidenced by his emails and refusal to sign a release.
The motion for summary judgment was granted and the action was dismissed.
