(DOWNLOAD) "Regents Of University Of California V. Hartford Accident And Indemnity Co." by Supreme Court Of California ~ Book PDF Kindle ePub Free
eBook details
- Title: Regents Of University Of California V. Hartford Accident And Indemnity Co.
- Author : Supreme Court Of California
- Release Date : January 13, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 93 KB
Description
Plaintiff, owner of a married student apartment project, seeks damages because of latent construction defects from the architect who designed the project, the general contractor, and the surety on the contractor's performance bond. The trial court rendered a summary judgment in favor of the surety based on the 10-year limitation of Code of Civil Procedure section 337.15. We hold, however, that a construction surety is not among those parties to a construction project who may claim the protection of section 337.15. Although the general contractor whose performance defendant surety guaranteed does fall within the protection of the statute, that fact does not bar plaintiff's claim against the surety; we adhere to the established principle that the running of a period of limitations on the principal obligation does not exonerate the surety. Rejecting also defendant surety's contention that the terms of the surety bond bar claims against the surety in the circumstances of the present case, we conclude that the summary judgment must be reversed.