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4832 An action for latent construction defects is not subject to the ten-year statute of repose if the defects resulted from wilful misconduct; a cross-complaint for indemnity in an action for latent construction defect is timely if the action from which it arises is timely; a cross-complaint for indemnity that incorporates by reference allegations of a complaint that asserts wilful misconduct also asserts wilful misconduct.CitationPINE TERRACE APTS v WINDSCAPE (Construction Indemnity) 170 CA4 1 [See: CCP 337.15; Lantzy v Centex 31 C4 363, T/AT 9/03; Acosta v Glenfed 128 CA4 1278, T/AT 6/05]
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