Mission Pool’s first argument relies on California Code of Civil Procedure § 337.1(a) and the holding in Wagner v. State of California (1978) 86 Cal.App.3d 922 which essentially “starts the clock” on the four-year statute of limitations upon the completion of construction for which there are patent or obvious design or construction deficiencies, resulting in injury or death. Wagner holds that claims for indemnity are also barred under California Code of Civil Procedure § 337.

1 is inapplicable to express indemnity claims. The court declined to follow Wagner v. State of California (1978) 86 Cal.App.3d 922, which held that the time limitation for an indemnity claim is the same as for the underlying defect claim. Instead, the Valley Crest court said that not only is an express indemnity claim subject to the four-year statute applicable to contract claims generally (Code.