Roger E. Smith, Inc. v. SHN Consulting Engineers & Geologists, Inc.

Which statute of limitations applies to a general contractor’s claims against an architect and construction manager for economic losses sustained due to their alleged professional negligence during construction? Instead of the two-year statute governing claims for breach of an oral contract (Code Civ. Proc., § 339, subd. 1), the general contractor in this case urges us to apply the four-year statute of limitations for patent deficiencies in construction (Code Civ. Proc., § 337.1). We conclude that Code of Civil Procedure section 337.1 does not encompass such claims and affirm the summary judgment entered in the trial court.

Background

On October 19, 1993, Roger E. Smith, Inc., doing business as Resco Construction Company (Resco), contracted with the County of Humboldt (County) to constmct a library. The County retained Robert J. Gianelli Architects (Gianelli) as the architect on the project and SHN Consulting Engineers & Geologists, Inc. (SHN) as the construction manager. During construction, Resco encountered delays and increased costs due to errors in Gianelli’s plans and specifications and SHN’s failure to coordinate and inspect the project in a competent and timely…