Judith A. Smith and James R. Smith, Petitioners/cross-Respondents v. Executive Custom Homes, in — Mullarkey, J…

Summary

The dissent would hold that the construction professional's spring 2004 gutter repair was an improvement to real property, so the limitations period began when the Smiths discovered the defect in the repair. Because Judith Smith was injured on February 2, 2005, and the complaint was filed on January 17, 2007, the dissent would allow the claim to proceed. The dissent also concludes that the statutory notice-and-tolling provision was not intended to replace the repair doctrine.