Horning v. Penrose Plumbing & Heating Inc.

[¶ 28] I respectfully dissent. As the majority recognizes, the HVAC is an "improvement" to real property under Wyo. Stat. Ann. § 1-8-111 (LexisNexis 2018). I believe a careful reading of the statute and the policy behind it require us to find that the triggering event to begin the period of repose is substantial completion of the HVAC improvement, not the date of substantial completion of a different improvement, the condominium. Further, there seems to be no basis for the conclusion that substantial completion of the condominium did not occur until the city issued a certificate of occupaney,…