The plaintiff sought recovery of remediation costs paid to repair structural defects in a newly constructed home after the builder failed to fulfill warranty obligations.
The corporate builder and its principals had executed indemnification agreements requiring reimbursement of losses arising from warranty claims.
The defendants argued the claim was barred by the two‑year limitation period under the Limitations Act, 2002 and that the indemnity cap for the individual defendants was $20,000 rather than $200,000.
The court held that limitation periods for indemnity claims run from the date the indemnifier actually pays out losses, not from when the underlying defect arises.
The action was therefore timely because the payments occurred in 2006 within two years of the claim issued in 2007.
The court further held the contract imposed an aggregate $200,000 indemnity cap for the individual defendants, not a per‑home limit.
