10-Year Limit in Property Sales Contract For Filing CERCLA Claims Ruled Ambiguous

摘要

A provision in a property sales contract requiring that indemnification claims be brought within 10 years does not warrant dismissal of the buyer's superfund claims filed against the seller 17 years later when a separate provision states that the buyer does not assume the seller's liabilities, a federal trial court has ruled (Stimson Lumber Co. v. International Paper Co., D. Mont., No. 10-79-M, 4/22/11). Considering the sales contract as a whole, and taking into account both clauses, the U.S. District Court for the District of Montana said in an April 22 decision that the sales contract does not unambiguously bar the buyer's claims. The court, therefore, denied the seller's summary judgment motion.