Hershey v. Rich Rosen Construction Co.

OPINION

JACOBSON, Presiding Judge.

This action, brought by a subsequent purchaser of a residential home for damages caused by a builder’s faulty stucco application more than twelve years prior to this suit, presents the following issues:(1) whether the “reasonable inspection of the structure prior to purchase” required to recover for a latent defect under a theory of implied warranty was met by plaintiffs’ inspection or whether an inspection by an expert was required; and (2) whether the time period between the stucco installation and the filing of the complaint is an unreasonable time to…