Statute of Repose Barrs EIFS Suit, Appeals Court Affirms

RALEIGH, N.C. - A lawsuit filed by the owners of a house clad in a synthetic stucco product known as exterior insulation and finish system (EIFS) is barred by the statute of repose, an appeals court recently affirmed. David and Cathy Moore v. F. Douglas Biddy Construction, Inc., No. COA02-1529 (N.C. Ct. App.).

According to the Nov. 4 opinion of North Carolina's Court of Appeals, the homeowners did not file their complaint until more than six years after the house was substantially completed. The appeals court also found that the construction company defendant was not estopped from asserting the statute …