North Coast Business Park v. Nielsen Construction Co.

North Coast Business Park (North Coast) appeals from the judgment entered after the trial court granted the motion for summary judgment filed by Erreca, Inc. (Erreca). Erreca’s motion was based on the statute of limitations. The trial court concluded (1) there was no triable issue of fact as to when North Coast first had notice of the defective condition; and (2) the statute of limitations applicable to North Coast’s claim had expired.

On appeal, North Coast claims there was a triable issue of fact because the defect of which it had notice was different from the defect which caused the damage. We conclude this argument was not properly raised below and thus affirm.

1. Facts

The relevant facts are undisputed. In 1981, North Coast’s predecessor contracted with Nielsen Construction Company (Nielsen) for the construction of a business park using “tilt up” construction. The project was substantially completed by late 1982.

Part of the construction was a retaining wall (the crib wall) adjacent to building 9 in the business park. Erreca was the grading contractor on the job.

In January 1984, North Coast hired a registered civil engineer to inspect a crack in the floor slab…