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CHESWOLD VOL. FIRE CO. v. LAMBERTSON CONST.

489 A.2d 413 (1984)

CHESWOLD VOLUNTEER FIRE COMPANY, a Delaware corporation, Plaintiff Below, Appellant, v. LAMBERTSON CONSTRUCTION COMPANY, a Delaware corporation, and C.C. Oliphant & Son, Inc., a Delaware corporation, Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: November 16, 1984.

Opinion on Denial of Partial Reargument Submitted: January 15, 1985.

Decided: February 15, 1985.

Attorney(s) appearing for the Case

Myron T. Steele and John Williams (argued), Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, for appellant.

George F. Gardner, III, Morris, Nichols, Arsht & Tunnell, Dover, for appellee Lambertson.

James F. Waehler, Tunnell & Raysor, Georgetown, for appellee Oliphant.

Before HERRMANN, C.J., and McNEILLY and MOORE, JJ.

HERRMANN, Chief Justice:

This appeal raises the issue of the constitutionality of 10 Del.C. § 8127,1 a "statute of repose," which provides generally that, after the expiration of six years, no cause of action shall arise for damages resulting from deficiencies in the construction of an improvement to real property. The Statute affords protection to those performing or furnishing construction...

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