Appeals Court Sustains Pleas of Statute of Limitations in Two EIFS/Mold Cases

RICHMOND, Va. - In two separate but topically related cases involving mold growth and structural deterioration in homes utilizing the 'Exterior Insulation Finish System' (EIFS) product, the Virginia Court of Appeals affirmed a lower courts' judgments sustaining pleas of the statute of limitations regarding false advertising and demurrers regarding fraud. Charles McMillion, et al. v. Dryvit Systems, Inc., No. 002802 (Va. Ct. App.) and Helen Parker-Smith v. Sto Corporation, et al., No. 002184 (Va. Ct. App.)

In opinions dated Sept. 14, the appeals court found in both cases that the period of limitation in Code 8.01-248 applies to false advertising. …