Regents of University of California v. Hartford Accident & Indemnity Co.

Opinion

TOBRINER, J.

Plaintiff, owner of a married student apartment project, seeks damages because of latent construction defects from the architect who designed the project, the general contractor, and the surety on the contractor’s performance bond. The trial court rendered a summary judgment in favor of the surely based on the 10-year limitation of Code of Civil Procedure section 337.15. We hold, however, that a construction surety is not among those parties to a construction project who may claim the protection of section 337.15. Although the general contractor whose performance defendant…