Judith A. Smith and James R. Smith, Petitioners/cross-Respondents v. Executive Custom Homes, Inc…

Summary

The court held that a construction-defect personal-injury claim under the CDARA accrues when the claimant discovers or reasonably should discover the physical manifestations of the defect, even if the injury occurs later. It also held that the equitable repair doctrine cannot toll the CDARA limitations period because the statute provides specific tolling through its notice-of-claim procedure, and it directed affirmance of summary judgment for ECH. Chief Justice MULLARKEY, joined by Justice HOBBS, dissented, concluding that the gutter repair could constitute a new improvement and that the repair doctrine remained available.