Builders Allowed to Bring in Subcontractors for 'Willful Misconduct'

FRESNO, Calif. - A statute of limitations exemption for "willful misconduct" applies to indemnity cross-claims against subcontractors, a California appellate court said while reinstating claims over alleged defects in an apartment complex. Pine Terrace Apartments v. Windscape, LLC, et al., No. F054609 (Calif. Ct. App., 5th Dist.).

The California Court of Appeal, Fifth District, ruled on Jan. 12 that a trial court erred in granting summary judgment to three subcontractors who were the subject of cross-claims by the developer and purchaser of an apartment complex in Fresno, Calif.

Pine Terrace Apartments L.P. purchased the 256-unit Windscape Apartments in May 2003. …