Point Pillar Project Developers, LLC v. Home Depot
Point Pillar Project Developers, LLC (“Point Pillar”) built a hotel using Advantage wood products distributed by Kelleher Corporation (Kelleher) and sold by Home Depot U.S.A. (Home Depot) (collectively “Defendants”). Within six months of installation, deterioration appeared in wood used for the exterior trim. After 18 months, there was peeling, flaking, and a general weakening of the wood. In March 2009, Point Pillar first contacted Home Depot about the damage.
On March 7, 2014, Point Pillar sued Defendants for damages resulting from use of the defective wood. Point Pillar amended its complaint in October 2015 to add claims for breach of warranty and fraud after its wood expert issued a report on the causes of the deterioration. Defendants were granted summary judgment on the ground that all causes of action were barred by the applicable statutes of limitation. We affirm the judgment
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