J. A. Street & Assocs. v. Thundering Herd Dev. (Signed Opinion)Annotate this Case
This case involved a dispute regarding developed property. Developer filed a complaint alleging that the project's general contractor (Contractor) and an engineering firm (Firm) had negligently provided recommendations with respect to site preparation. The circuit court granted partial summary judgment in favor Firm on Contractor's cross-claims against Firm that sought recovery of remediation costs incurred by Contractor, concluding (1) some of Contractor's cross-claims were time-barred by the applicable statute of limitations, and (2) W. Va. Code 55-2-21 did not apply to toll any limitations periods because Contractor's claims were independent causes of action as opposed to cross-claims. The Supreme Court reversed, holding (1) the circuit court prematurely found that section 55-2-21 did not apply because it failed to analyze whether the claims arose from the same transaction or occurrence and, thus, constituted cross-claims or independent causes of action; and (2) genuine issues of material fact existed so as to preclude summary judgment if Contractor's claim was an independent cause of action. Remanded.