RYLAND GROUP v. SANTOS CARPENTRY COMPANY, 00C-09-056 SCD (Del.Super. 2004)

THE RYLAND GROUP, INC., Plaintiff, v. SANTOS CARPENTRY COMPANY, INC., AJ BUILDERS APCO, FORMED WALLS FOUNDATIONS BY SCHULTE AND ROSSI, INC., DAVID T. SCHULTE MASONRY, INC., HUHN CARPENTRY, OMNIWAY SERVICE CO. d/b/a KAPPLER CONSTRUCTION, SAY SERVICE, INC., STATE WIDE PLUMBING, MK BUILDERS, RABSPAN, INC., and UNITED HVAC, INC. Defendants.

C.A. No. 00C-09-056 SCD.Superior Court of Delaware, for New Castle County.Submitted: February 18, 2004.
Decided: March 26, 2004.

ORDER
Judge SUSAN C. DEL PESCO

This 26th day of March, 2004, upon consideration of Defendant, Kappler Construction Company’s (“Kappler”), motion for summary judgment as to all claims against them, and responses thereto, it appears:

(1) Kappler is a framing contractor that did work on Lots Nos. 54, 57, and 61 at Weldin Ridge.
(2) In March of 1995, Ryland executed a subcontractor agreement with Kappler.
(3) All the work performed by Kappler was completed by May 19, 1995.
(4) On January 16, 1997, Ryland notified Kappler about construction-related problems involving the homes.
(5) Ryland’s claims against Kappler are for negligence, breach of contract, breach of express and implied warranties, breach of implied covenant of good faith, contribution and indemnification. The claims are based on the factual allegations that various structural problems existed during construction.
(6) All claims asserted by Ryland are subject to a three-year statute of limitations.[1]
(7) The time of discovery rule has no application to the facts of this claim.[2]
(8) There is no liability which could give rise to a claim for either indemnification or contribution.

Wherefore, Kappler’s motion for summary judgment as to all claims, in contract and in tort, is GRANTED.

IT IS SO ORDERED.

[1] DEL. CODE ANN. tit. 10 Del. C. § 8106 (2002).

[2] The Ryland Group, Inc. v. Santos Carpentry Co., et al.,
Del. Super., C.A. No. 00C-09-056, Del Pesco, J. (Mar. 26, 2004) (Op.).