Christie v. Hartley Construction, Inc.

EDMUNDS, Justice.

Defendants GrailCoat Worldwide, LLC and GrailCo, Inc. (collectively, “GrailCoat”) provided an express twenty-year warranty for its product SuperFlex, 1 a stucco-like material that plaintiffs purchased to cover the exterior of their new home. When the product later failed and plaintiffs brought suit for damages, GrailCoat claimed that North Carolina’s six-year statute of repose barred plaintiffs’ attempt to enforce the warranty. We conclude that by contracting for a warranty term that exceeded the repose period, GrailCoat waived the protections provided by that statute and is…