The manufacturer’s “direct-applied exterior finish system” was advertised as “fully warranted” for twenty years, and this express warranty induced the homeowners to select this product for installation on their home. Unfortunately, the home suffered extensive damage when the product failed. The homeowners sued the manufacturer and the installer, and the defendants moved to dismiss, pleading the statute of repose pursuant to N.C.G.S. 1-50(a)(5), which provides no action to recover damages may be brought more than six years after the defendants’ last act or omission. The trial court granted the defendants’ motion to dismiss, and the homeowners appealed. The Court of Appeals ruled 2-1 that the statute of repose barred any claim brought after six years, an express warranty notwithstanding. Judge Robert N. Hunter, in dissent, opined that treating the statute of repose as an absolute bar impaired the parties’ freedom to contract for an express warranty longer than the repose period.
Matthew D. Quinn, of the Law Offices of F. Bryan Brice, Jr., and Jonathan McGirt, appeared on behalf of North Carolina Advocates for Justice as amicus curie, arguing that a manufacturer should not be allowed to shelter under the six-year statute of repose when it has expressly undertaken a warranty obligation for a longer term. Allowing a manufacturer to avoid an express promise in that manner subverts the limited public policy rationale for the statute of repose and encourages deceptive trade practices against unwitting consumers.
Read the full Amicus brief.
The Law Office of F. Bryan Brice is a five-member Raleigh-based practice that specializes in environmental law cases across the state in areas such as groundwater contamination, leaking underground storage tanks, Superfund cases, Brownfields redevelopment, permitting and regulatory matters including wetlands and issues relating to agricultural operations. The firm recently represented Greenpeace in a renewable energy case. “We represent companies and property owners in compliance matters who are trying to follow the rules and regulations,” Brice said.
Read the full article in Attorney at Law Magazine.
More about Attorney at Law Magazine.
Alexandra Cousteau, granddaughter of Jacques Yves-Cousteau and founder of Blue Legacy, will give Carolina’s Campus Earth Week keynote address entitled This Blue Planet: Preserving and Sustaining a Healthy Earth. A National Geographic “Emerging Explorer,” filmmaker and globally recognized advocate on water issues, Cousteau continues the work of her renowned grandfather Jacques-Yves Cousteau and her father Philippe Cousteau, Sr. She has mastered the remarkable storytelling tradition handed down to her and has the unique ability to inspire audiences on the weighty issues of policy, politics and action.
Location: Stone Center Auditorium, UNC Campus
Date: Wednesday, April 16th
Time: 6:00 p.m.
This event is free and open to the public, but space is limited. Learn more and register to attend.
ABOUT THE UNC INSTITUTE FOR THE ENVIRONMENT
The UNC Institute for the Environment is leading UNC’s world-renowned environmental community in developing solutions to these critical challenges. In doing so, it educates future environmental leaders and engages with the people of North Carolina and the nation to address and solve environmental challenges. Bryan Brice (of the Law Offices of F. Bryan Brice, Jr.), serves on the Institute’s Board of Visitors. Learn more about the Institute.
On April 1st, Raleigh’s City Council selected Robert Gelblum, Of Counsel, the Law Offices of F. Bryan Brice, Jr., to fill a vacancy on Raleigh’s nine-member Environmental Advisory Board. “I hope to do everything in my power to help optimize the environment of this City my family and I have lived in and loved for 26 years,” says Mr. Gelblum about his appointment.
ABOUT RALEIGH’S ENVIRONMENTAL ADVISORY BOARD
The Environmental Advisory Board is an all-volunteer board created by the City Council in 2006. The City Council established the board to advise them on matters related to environmental quality and to promote communication between various governmental units and the public on environmental protection standards and policies including communication. The City Council also deemed it in the public interest and affirmed the importance of protecting the environment by creating the board that provides the Council with expert and comprehensive advice on various matters related to environmental quality and safety. Learn more about Raleigh’s Environmental Advisory Board.
ABOUT ROBERT GELBLUM
Mr. Gelblum joined the Law Offices of F. Bryan Brice, Jr., as Of Counsel in 2012 and counsels the firm’s clients on the redevelopment of Brownfields properties and other environmental law matters. He is a 1985 graduate of UNC School of Law. Prior to joining the Law Offices of F. Bryan Brice, Jr., Mr. Gelblum spent 25 years with the N.C. Department of Justice and N.C. Department of Environment and Natural Resources, handling water quality, air quality, hazardous contamination sites, sedimentation, mining, well construction, forestry, parks & recreation, community development, and job training matters. He served as lead counsel for the State’s Brownfields Program from its inception in 1997. From 1992 to 2003, Mr. Gelblum served as Counsel to the State’s Superfund Program. From 1989 to 1991, he was principal Water Quality attorney.