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Completed And Accepted Doctrine Applied.

November 26, 2012 by Leave a Comment

Under the “completed and accepted doctrine,” once a contractor completes work that is accepted by the owner, the contractor is not liable to third parties injured as a result of the condition of the work, even if the contractor was negligent in performing the contract, unless the defect in the work was latent or concealed. The plaintiff fell on stairs at a theater on the campus of Santa Monica Community College, and she alleges she fell due to a lack of contrast marking stripes on the stairs at the Main Stage, which marking stripes had been specified in the architectural plans. The trial court granted summary judgment in favor of the architect who designed the theater and observed its construction. The appellate court affirmed, noting the defect was patent as a matter of law. Neiman v. Leo A. Daly Company (Cal. App. Second Dist., Div. 1;  October 30, 2012) (As Mod. November 14, 2012) (Case No. B234537) 210 Cal.App.4th 962, [148 Cal.Rptr.3d 818].

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