06-27-07 A-3022-05T1
A standard clause in architects' and builders' contracts
abrogates the discovery rule by providing that the statute of
limitations for claims between the parties runs from the date of
substantial completion of the project. The clause is subject to
equitable defenses such as equitable estoppel. In this case,
however, plaintiff was aware of the alleged construction defects
before the six-year limitation period expired but waited another
two years before filing suit. Plaintiff presented no evidence
that defendants lulled plaintiff into missing the filing
deadline or engaged in other inequitable conduct that would give
rise to estoppel.
