Differing Statute of Limitations Apply For Various Types of Contract Warranties.

Nine years after the purchase, the plaintiffs claimed that they purchased defective windows.  The plaintiffs tried to recover the replacement cost of the windows.  The plaintiffs claimed that the defendant breached an implied warranty of merchantability and the warranty of fitness for a particular purpose.  The plaintiff also sued the supplier for breach of an express limited warranty.  The trial court dismissed the claim against the supplier as time-barred.  On appeal, the plaintiffs claimed that the statute of limitations was not triggered until the problem with the windows was discovered.  However, the court pointed out that Iowa Code Sec. 554.2725(2) applies the "discovery rule" only to a warranty that explicitly extends to future performance of the goods.  Here, the court noted that the allegation was that the supplier only provided implied warranties.  As such, the statute of limitations was tolled at the time of delivery.  The court affirmed the trial court decision.  Kopp v. American Builders & Contractors Supply Co., Inc., No. 14-1868, 2015 Iowa App. LEXIS 770 (Iowa Ct. App. Aug. 19, 2015).