JOHN REPASKY and CHRISTINE REPASKY, Plaintiffs, v. JELD-WEN, INC., JELD-WELD, INC., t/a POZZI WOOD WINDOWS, POZZI WINDOW COMPANY and STO CORP., Defendants., 81 Pa. D. & C.4th 495

Summary

The manufacturers argued that the tort damages were barred by the economic loss doctrine. The trial court held that Saratoga Fishing did not apply. The insulation system, doors, and windows were not additions to the completed building, but were components of the completed building. The "finished" product was the entire building inclusive of its component parts. The tort claims were barred by the economic loss doctrine. Until the statute of limitations for the breach of express and implied warranties was changed to reflect the owners' claim that the statute was outdated and a statute of repose, the law remained the same. The four-year statute of limitations period began with the tender of delivery of the goods. As building was completed in 1992, the alleged breach was discovered in 2004, and the claims were not brought until 2006, the statute of limitations period had expired. A reasonable person should have noticed the manufacturers' warranty disclaimers. Because the implied warranties...