In Venema v. Moser Builders, Inc., 2370 EDA 2021 (Pa. Super. Ct. Aug. 29, 2022), the Superior Court held that the Statute of Repose was not tolled by repairs made several years after the certificate of occupancy was issued. Homeowners are not entitled to unilaterally dictate an extended window to file suit because a builder complies with the agreement in good faith and makes repairs years after the original purchase date.
Factual Background
In 2003, Moser Builders, Inc. built the subject home which was located in Chester Springs, Pennsylvania. A Certificate of Occupancy was issued on August 13, 2003 and in October 2004, the house was purchased by Appellants from the original third party owners.
In August 2019, Appellants filed a Complaint against Moser alleging construction defects and that despite several inspections and repairs by Moser during the period from 2004 to 2008, the defects were never properly remedied. Due to this ongoing failure to remedy the defective conditions, Appellants claimed that there was substantial water intrusion into the home, which caused significant damage.
Moser argued that Appellants' case was barred by the Statute...
