Sims, Lawrence & Broghammer LLP

Is pleased to announce a favorable summary judgment ruling in favor of its client, a licensed architect, in a construction defect action pending in the Alameda County Superior Court.

The Case

Involved allegations of water-intrusion defects at a single-family residence located at 1560 Grand View Drive in Oakland, California. Plaintiffs asserted negligence claims against our client, whose role was limited to providing architectural design services for the residence, including preparation of the building permit submittal plans completed in March 2011. Those plans were approved by the City of Oakland in June 2011 and used to secure the building permit issued on June 27, 2011. Our client performed no additional architectural work or design-professional services on the project thereafter.

In a Decisive Ruling

The Court granted summary judgment in favor of the architect, holding that the negligence claim was time-barred under California’s ten-year statute of repose for latent construction defects (Code of Civil Procedure § 337.15). Because Plaintiffs did not file their Complaint until October 10, 2022—more than eleven years after our client’s architectural services were complete—the claim could not proceed.

The Court Emphasized

The statute of repose applies separately to each professional or trade based on the completion of that party’s own work. An architect’s repose period therefore begins when their design services are substantially complete, even if broader construction activities continue afterward.

The Court Also Provided

An independent basis for dismissal, ruling that construction-defect claims belong to the owner who first suffers actual and appreciable harm. Undisputed evidence established that the prior owners had experienced and investigated water-intrusion issues—including stucco cracking, balcony and entry waterproofing problems, roof membrane issues, door-frame deterioration, moisture staining, and related leakage—years before selling the property in 2021. Those claims were never assigned to the Plaintiffs. Since Plaintiffs’ alleged damages arose from the same general category of water-intrusion and waterproofing defects, they lacked standing to pursue the claims against our client.

This Victory

Reinforces two critical protections for design professionals in California construction litigation:

• California’s statute of repose provides a firm outside deadline for latent-defect claims, protecting professionals long after their work is complete.

• Subsequent purchasers cannot revive claims that accrued to prior owners absent a clear and explicit assignment of those claims.

As a result of the ruling, our client was dismissed from the action without the need for trial.

Representing the Client

Sean Speciale and Bobby Dale Sims of Sims, Lawrence & Broghammer LLP.

At Sims, Lawrence & Broghammer LLP, we are committed to delivering aggressive, strategic, and results-oriented representation for architects, engineers, contractors, and other construction professionals facing complex defect and liability claims. Our deep knowledge of California’s construction law, statutes of repose, and procedural defenses allows us to secure early dismissals and favorable resolutions for our clients.