Construction: 10 Years after “substantial completion” of the project or services rendered, but no more than 4 Years after discovery of malpractice or negligence of architect or engineer. 14 M.R.S.A. §752-A.
All civil actions shall be commenced within 6 years after the cause of action accrues and not afterwards, except actions on a judgment or decree of any court of record of the United States, or of any state, or of a justice of the peace in this State, and except as otherwise specially provided. Me. Rev. Stat. tit. 14, § 752
The Maine Supreme Court has limited the application of the discovery rule to three discrete areas: legal malpractice, foreign object and negligent diagnosis medical malpractice, and asbestosis. The question will become whether we can prove that this is a foreign object; otherwise no discovery. Johnston v. Dow & Colombe, Inc., 686 A.2d. 1064, 1066 (Me. 1996) (citing Bozzuto v. Ouellette, 408 A.3d 697, 699 (Me. 1979)).
Courts will look to the following four factors to determine whetehr the discovery rule should apply. (1) the natureo f hte relationship between the plaintiff and the defendant; (2) the magnitude of the loss or harm; (3) the plaintiff's inability to discover that he had been wronged within teh applicable limitations period; and to a lesser degree, (4) the existence of corroborating evidence. McAfee v. Cole, 637 A.2d 463 (Me. 1994).
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