WARREN W. EGINTON, Senior District Judge.
In this action, plaintiff National Fire Insurance of Hartford asserts that defendant The Wetherell Corporation ("Wetherell") is liable for negligence in connection with the design, engineering and installation of a sprinkler system installed at the Seabury Retirement Community.
Defendant has filed a motion for summary judgment. For the following reasons, the motion for summary judgment will be granted.
The parties have submitted statements of facts and supporting exhibits. The parties' submissions reflect that the following facts are not in dispute.
Church Home of Hartford is the owner of Seabury Retirement Community. Architectural firm Jeter Cook & Jepson was retained in connection with a project to create additional apartments and a natatorium for the retirement community. Jeter Cook & Jepson hired Barnhart, Johnson, Francis & Wild ("BJF&W"), an engineering firm, to prepare a performance specification for the fire protection of this project. Defendant Wetherell Corporation was hired pursuant to a subcontract to perform work as a sprinkler contractor on the Seabury Retirement Community construction project. The subcontract stated:
Defendant used BJF&W's drawing to produce more detailed "installation drawings" that were used to construct the fire protection system for the natatorium. In completing its work, defendant did not engage the assistance of a design engineer.
The drawings were completed by 2003, and the sprinkler system was completed in 2003. By 2004, defendant's involvement in the project had ended.
On July 29, 2009, the Seabury Retirement Community sustained extensive damage to its property due to a fire that spread throughout the natatorium, an area that lacked any sprinkler heads.
National Fire Insurance Company of Hartford paid its insured Church Home of Hartford, Inc. $7,041,840.20 for damages caused by the fire of July 29, 2010. This action was commenced in 2010.
A motion for summary judgment will be granted where there is no genuine issue as to any material fact and it is clear that the moving party is entitled to judgment as a matter of law.
The burden is on the moving party to demonstrate the absence of any material factual issue genuinely in dispute.
If a nonmoving party has failed to make a sufficient showing on an essential element of its case with respect to which it has the burden of proof, then summary judgment is appropriate.
Defendant argues that this case should be dismissed because the statute of limitations for negligence, Connecticut General Statutes § 52-584, has passed. Plaintiff counters that the relevant period of limitations is dictated by Connecticut General Statutes § 52-584a. Plaintiff maintains that defendant was providing unlicensed engineering services and should have hired an engineer when it developed the drawings for the sprinkler system.
Section 52-584 provides, in relevant part:
The "act or omission" requirement of Section 52-584 is satisfied when the contractor has ceased work on the site and the contract for the job has been completed.
Plaintiff argues not that any continuing course of conduct tolls the statute but that Section 52-584a applies in this case.
Section 52-584a provides, in relevant part:
Connecticut state courts have limited application of Section 52-584a to actions against architects, professional engineers or land surveyors as delineated by the statute.
Courts have found disputed issues of fact in the context of Section 52-584a where the alleged activity did not clearly fall within the statutory requirement of an "improvement" to the property.
Here, an architectural and engineering firm were involved with the project and allowed for the defendant's installation of the sprinkler system. No inference of fact suggests that Wetherell constituted an engineering, architectural or land surveyor firm so as to bring this action within the purview of Section 52-584a. Accordingly, the Court finds that Section 52-584 bars this action.
For the foregoing reasons, defendant's motion for summary judgment [doc. #39] is GRANTED. The clerk is instructed to close this case.