Owner v. Contractor: Contractual Breach vs. Ten-Year Liability Period

A contractor was tasked with constructing a building, and the owner subsequently discovered serious defects in the work that rendered the structure unusable, leading the owner to seek termination of the contract and damages. The contractor defended by arguing the action was time-barred by the ten-year liability period applicable to builders, but the court ruled that the claim was based on a breach of contractual obligations regarding the delivery of a habitable structure, rather than the ten-year guarantee against structural collapse or unsuitability, and therefore the general contractual limitation period applied, allowing the owner's claim to proceed.