Delayed Discovery Rule Waived In Construction Contract.

The construction contract executed by the parties included a clause which provided that all causes of action relating to the contract work would accrue from the date of substantial completion of the project, abrogating the delayed discovery rule. The trial court concluded the clause was valid and enforceable, noting that the agreement “was one between sophisticated parties seeking to define the contours of their liability.” Summary judgment was then granted for defendant after finding that plaintiff’s action for  was time-barred. In affirming grant of summary judgment on the issue of statute of limitations, the appellate court said that “public policy principles applicable to the freedom to contract afford sophisticated contracting parties the right to abrogate the delayed discovery rule by agreement.” Brisbane Lodging, L.P. v. Webcor Builders, Inc.  (Cal. App. First Dist., Div. 4; June 3, 2013) 216 Cal.App.4th 1249, [157 Cal.Rptr.3d 467].