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Home / Opinion Digests / Civil Practice / Civil Practice – Statute of Limitations – Negligent Construction – Latent Defect – Fence Location – Contract – ‘As Is’ Provision (access required)

Civil Practice – Statute of Limitations – Negligent Construction – Latent Defect – Fence Location – Contract – ‘As Is’ Provision (access required)

The defendant-subcontractor argues that the alleged misplacement of the plaintiff-homeowner’s fence (i.e., not on the property line) was not a latent defect because it could be easily discovered by a routine property survey. However, the need for a land survey may suggest to a fact-finder that the exact location of the fence was not obvious ...

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