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EBINGER v. VENUS CONST. CORP.

No. 2010-C-2516.

65 So.3d 1279 (2011)

Charles EBINGER, et ux. v. VENUS CONSTRUCTION CORPORATION, et al.

Supreme Court of Louisiana.

July 1, 2011.

Attorney(s) appearing for the Case

Staines & Eppling, Thomas J. Eppling , Metairie, LA, for Applicant.

Thomas H. Morrow , Babovich & Spedale, PLC, Wayne M. Babovich , New Orleans, LA, Hailey, McNamara, Hall, Larmann & Papale, LLP, Shailendra U. Kulkarni , W. Evan Plauche', Metairie, LA, Law Offices of Randall L. Kleinman, LLC, Randall Leland Kleinman , Salley, Hite & Mercer, LLC, Glen E. Mercer , New Orleans, LA, for Respondent.

KIMBALL, C.J.

In this dispute over alleged defects in the construction of a new home, the issue before this Court is whether the construction company's third-party demand against a subcontractor is time-barred. The resolution of this issue depends primarily upon the application of La. R.S. 9:2772, which establishes a peremptive period for actions against residential building contractors. This peremptive period was established originally at ten years, but subsequent...

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