Regents of University of California v. Hartford Acc. & Indem. Co

In Regents of University of California v. Hartford Acc. & Indem. Co. (1978) 21 Cal.3d 624, the owner of an apartment project sought damages, arising from latent construction defects, from the architect, the contractor, and the surety on the contractor's performance bond. The trial court entered a summary judgment for the surety, purportedly pursuant to Code of Civil Procedure section 337.15, which imposes a 10-year limitation on any suit against an architect or general contractor for a latent defect in a development of, or improvement to, real property, running from the date of substantial completion thereof. The action had been brought more than ten years after the date of substantial completion of the apartment project, but only about two and one-half years after discovery of the latent defects. The Supreme Court reversed. As here pertinent the court held that a construction surety is not among those parties protected by Code of Civil Procedure section 337.15, and that the running of the applicable statute of limitation on a principal obligation does not exonerate the surety thereof.