Whitehurst v. Hurst Built, Inc.

GEER, Judge.

This appeal addresses the application of the statute of repose in N.C. Gen. Stat. § l-50(a)(5)a to claims arising out of the installation of a synthetic stucco system on a house. We hold that the superior court properly granted defendant’s motion to dismiss when the complaint was filed more than six years after substantial completion of the house and, according to the complaint, the only acts subsequent to completion were repairs. 1

In January 1992, plaintiffs Mr. and Mrs. Whitehurst entered into a contract with defendant Hurst Built, Inc. (“Hurst”) for the construction and…