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

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, Huhn Carpentry’s (“Huhn”), motion for summary judgment as to all claims against them, and responses thereto, it appears:

(1) Huhn is a framing contractor that did work on Lots Nos. 44, 46, and 53 at Weldin Ridge.

(2) In March of 1995, Ryland executed a subcontractor agreement with Huhn.

(3) All the work performed by Huhn was completed by July 31, 1995.

(4) On January 16, 1997, Ryland notified Huhn about construction-related problems involving the homes.

(5) Ryland’s claims against Huhn 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, Huhn’s motion for summary judgment as to all claims, in contract and in tort, is GRANTED.

IT IS SO ORDERED.