The Ryland Group, Inc. v. Santos Carpentry Company, Inc., et al.

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IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY THE RYLAND GROUP, INC., : : : Plaintiff, : : v. : : SANTOS CARPENTRY COMPANY, : INC., A&J 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. : Submitted: Decided: C.A. No.: 00C-09-056 SCD March 8, 2004 March 26, 2004 ORDER This 26th day of March, 2004, upon consideration of Defendant, Rabspan, Inc. s ( Rabspan ), motion for summary judgment as to all claims against them, and responses thereto, it appears: (1) Rabspan is a plumbing contractor that did work on some of the houses at Weldin Ridge. (2) All the work performed by Rabspan was completed during calendar year 1996. (3) On January 1, 1997, Ryland told Rabspan that it was terminating its contract effective January 1, 1997. On March 11, 1997, Ryland acknowledged in writing that it was aware of Rabspan s refusal to make repairs. (4) Rabspan denies that it ever signed a contract to perform work at Welding Ridge. (5) Ryland s claims against Rabspan are for negligence, breach of contract, breach of express and implied warranties, breach of implied covenant of good faith. The claims are based on the factual allegations that during the construction process it cut, notched and moved trusses, boards and strongbacks. (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, Rabspan s motion for summary judgment as to all claims, in contract and in tort, is GRANTED. IT IS SO ORDERED. ___________________________ Judge Susan C. Del Pesco Original to Prothonotary xc: Counsel of Record 1 DEL. CODE ANN. tit. 10, §8106 (2002). 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.). 2

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