Mitchell v. Jones

Johnson, Chief Judge.

In these cases we are asked to determine if the four-year statute of limitation in damage to realty actions 1 or the six-year statute of limitation in breach of written contract actions 2 governs a breach of contract claim for house damage caused by the use of synthetic stucco. We conclude that the six-year statute of limitation applies to such a contract claim. We therefore reverse the trial court’s summary judgment rulings that the homeowners’ breach of contract claims against the builder are barred by the four-year statute of limitation. However, we affirm the trial…