Cheswold Volunteer Fire Co. v. Lambertson Construction Co.

CHRISTIE, Justice: *

Defendants have filed a motion to dismiss plaintiff’s complaint pursuant to Superior Court Civil Rule 12(b)(6), asserting the bar of the limitation period found in 10 Del.C. § 8127. 1 Plaintiff, Cheswold Volunteer Fire Co., responds that that statute of limitations violates state and federal constitutional guarantees and, therefore, is void. I hold that the limitations found in 10 Del.C. § 8127 do not violate those constitutional provisions.

In 1971 the Fire Company contracted with Lambertson Construction Company for the construction of a new firehouse. Lam-bertson was the…