CLL ASSOCIATES v. ARROWHEAD PACIFIC

No. 91-1460.

174 Wis.2d 604 (1993)

497 N.W.2d 115

CLL ASSOCIATES LIMITED PARTNERSHIP, a Wisconsin Limited Partnership and Wisconsin Housing & Economic Development Authority, a Wisconsin Public Body Corporate & Politic, Plaintiffs-Appellants, v. ARROWHEAD PACIFIC CORPORATION, a Minnesota Corporation, Lund-Martin Construction, Inc., a Minnesota Corporation, Stanley Fishman Associates, Inc., Stanley Fishman, individually, Defendants, ST. PAUL FIRE & MARINE INSURANCE COMPANY, a Minnesota Corporation, Defendant-Respondent, CLARK ENGINEERING COMPANY, a Minnesota Corporation and Contintental Casualty Company, an Illinois Corporation, Defendants, ST. PAUL FIRE & MARINE INSURANCE COMPANY, a Minnesota Corporation, Third Party Plaintiff, CORN BELT ALUMINUM, INC., M.L. Gordon Sash & Door Company (now known as Gordon Millwork Company), and GRW Realty Company (formerly known as Standard Builders Supply, Inc.), Third Party Defendants, CLARK ENGINEERING COMPANY, Third Party Plaintiff, SECURITY INSURANCE COMPANY OF HARTFORD and Northbrook Insurance Company, Third Party Defendants.

Supreme Court of Wisconsin.

Decided March 23, 1993.


Attorney(s) appearing for the Case

For the plaintiffs-appellants there was a brief by Richard M. Burnham, Lawrence Bensky and LaFollette & Sinykin, Madison and oral argument by Mr. Burnham and Mr. Bensky.

For the defendant-respondent there was a brief by Thomas F. Surprenant and Jack D. Elmquist Law Offices, Minneapolis, MN and Bruce Gillman and Tomlinson, Gillman & Rikkers, S.C., Madison, of counsel, and oral argument by Mr. Surprenant and Mr. Gillman.

Amicus curiae brief was filed by Paul D. Lawent, Madison, for The Wisconsin Chapter, Associated General Contractors of America, Inc.


STEINMETZ, J.

There is one issue presented in this case. When does a contract cause of action "accrue," as that term is used in sec. 893.43, Stats.,1 Wisconsin's six-year statute of limitations for contract actions? We hold that under sec. 893.43, a contract cause of action accrues at the moment the contract is breached, regardless of whether the injured party knew or should have known that the breach occurred.

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