Ehrenhaft v. Malcolm Price, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• inadequate performance of construction contracts can give rise to claims in tort
• inadequate performance of construction contracts can give rise to claims in tort
• “[W]e cannot decide as a matter of law that [a plaintiff] knew or should have known of the alleged defects for more than three years at the time the complaint was filed, which would thereby make his claims untimely.”
• describing the evolution of and rationale for the doctrine
• “We therefore hold that in an action based upon tort and contract claims arising out of allegedly deficient design and construction of an addition to a house, the cause of action does not accrue until the plaintiff knows, or in the exercise of reasonable diligence should know, of the injury.”
• “We cannot decide as a matter of law that appellant knew or should have known of the alleged defects for more than three years at the time the complaint was filed, which would thereby make his claims untimely. This is a question to be decided by the trier of fact.”

Source: CourtListener parenthetical corpus (CC0).