Byrne v. Sunridge Builders, Inc.
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In this construction defect lawsuit, the Supreme Court affirmed the order of the district court granting summary judgment in favor of Respondents and reversed the grant of attorney fees to respondent Land West Builders, Inc., holding that Appellant's action was time-barred but that the district court abused its discretion in awarding attorney fees to Lands West.
Approximately seven years and three months after her home was built, Appellant filed a construction defect lawsuit against Sunridge Builders, Inc., Lands West as Sunridge's alter ego or successor, and other subcontractors (collectively, Respondents). The district court granted summary judgment for Respondents, concluding that because Appellant had failed to file her lawsuit during the grace period and the statute of repose had run, her claim was time barred. The district court then granted Lands West's motion for attorney fees. The Supreme Court affirmed in part and reversed in part, holding that the district court (1) did not err in granting summary judgment in favor of Respondents because Appellant's action was time barred; and (2) abused its discretion awarding attorney fees to Lands West.
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