Joseph Riccardi v. Carl Little Construction Company, Inc Et Al.

Plaintiff Joseph Riccardi brought this action for negligent construction of his residence against Carl Little Construction Company (“Defendant”), builder of the residence, and the Bridgewater Condominiums Property Owners Association (“Bridgewater POA”). He alleged that Defendant negligently built the residence on non-compacted fill dirt, causing structural and cosmetic damages to the residence. Plaintiff alleged that Bridgewater POA was contractually responsible for repairs to the exterior of the residence. The trial court granted summary judgment to Defendant based on its finding that the statutes of limitation and repose had run. The court held that Bridgewater POA was liable for repairs to the porches and patios of the property, but not the foundation or the cracks in the interior. We vacate summary judgment against Defendant, finding that Plaintiff presented evidence sufficient to establish genuine issues of material fact regarding when Plaintiff’s cause of action accrued and whether Defendant fraudulently concealed the defects in the residence. We affirm the judgment against Bridgewater POA.