Supreme Court of Delaware
Altenbaugh v. Benchmark Builders Inc.
January 20, 2022
Summary
The Court affirmed summary judgment for the defendants in a negligent-construction action because the plaintiff was on inquiry notice of the alleged construction defects more than three years before filing suit. The plaintiff's 2011 letter described substantial water intrusion and expressly characterized it as an apparent construction defect, triggering the limitations period. The Court held that the defendants' subsequent representation that the problem was limited did not eliminate the duty to investigate.