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I have two questions about the same case (Pennsylvania Law): 1)

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I have two questions about the same case (Pennsylvania Law):

1) If both 2 year and 4 year statute of limitations issues are involved in a civil case, does 4 year statute of limitations apply to all issues, or does each limit apply to the respective issue? As a contractor, I remodeled a bathroom 3 1/2 years ago. Customer still owes for a freight and restocking charge for a bath tub that was returned because she changed her mind after delivery and wanted a different one (4 year statute of limitations for the freight and restocking charge ?). On the same job, I lent her two ladders which she has not returned (2 year statute of limitations for the ladders?) How does the court handle this statute of limitations issue and is there a case to cite?

2) I was not billed for the above mentioned freight and restocking charge until two months after bath remodel was complete. At end of bath remodel, she owed for two weeks labor and some material that totaled over $4,000. She refused to give me payment until I marked the invoice "bathroom paid in full". Does this prevent me from getting a judgement on the freight and restocking charge for the bath tub that was returned because she changed her mind or is that a seperate issue from the "bathroom paid in full" invoice? Is there a case to cite?
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

No, the statute of limitations for that cause of action apply to the specific cause of action. For instance if you brought a case alleging negligence and breach of contract then the statute of limitations on the negligence claim would be 2 years and the statute of limitations on the breach of contract claim would be 4 years.

JD 1992 :

I'm sorry, I'm going to have to opt out since I see that you are requesting case cites and the cost of the research greatly exceeds the value of the question. Someone else may be able to assist you.

Expert:  TexLaw replied 1 year ago.
Hi,

I see that your last expert opted out. Are you still looking for a case cite regarding conflicting statutes of limitations and a further analysis of your case?
Customer: replied 1 year ago.


Yes

Expert:  TexLaw replied 1 year ago.
The court should apply each statute of limitation to the specific claim it limits. A statute of limitation which excludes one claim will not exclude a separate claim to which the statute does not specifically apply. "The general stated purpose of a statute of limitations is to compel the exercise of a right of action within a reasonable time and to suppress stale or fraudulent claims."
Romeo & Sons v. P.C. Yezbak & Son, 421 Pa. Super. 333, 336 (Pa. Super. Ct. 1992)

On your second question, this could come out either way. There is not any case law on this specific issue (and honestly the court does not want to hear about case law from you, its interested in the facts of your case). The problem is whether the agreement between you two contained an agreement for her to be responsible for the freight and restocking charge. It seems reasonable that you would not be responsible for it because you incurred the expense when she changed her mind from the original order. Therefore, you have a solid claim for that money to be paid to you. If she presents the invoice and claims that it has an admission that the bathroom was paid in full, you will have to state that this could not bind you because you did not know what the restocking/freight charge would be and it is not considered part of the scope of the work contained on the invoice anyway.

Please let me know if you have further questions. Please also consider rating my answer positively so that I may be compensated for my work on your question by the website.

Best Regards,
ZDN
Customer: replied 1 year ago.


Thank you...one more if you would...does the 2 year statute on the loaned ladders begin when I loaned them to her or when I asked for them back?

Expert:  TexLaw replied 1 year ago.
When you asked for it back.
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4164
Experience: Lead trial/International commercial attorney licensed 11 yrs
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