Owner v. Contractor: Contract Rescission and Damages Barred by Statute of Limitations

A building owner, having contracted for construction work, sued the contractor for breach of contract due to defects discovered after delivery, seeking rescission of the contract and damages, but the contractor argued that the action was time-barred under the ten-year warranty against structural defects. The court ruled that the claim for rescission of the contract and damages due to defects not covered by the ten-year warranty fell under the general five-year limitation period applicable to contractual actions for defects that do not constitute a total or partial failure of the work, and since the action was initiated more than five years after acceptance of the work, the claim was correctly rejected as time-barred.