struction, faulty materials, faulty manufacture, or faulty installation, provided that notice of the defect shall be given Seller within a period of one (1) year accounting from the date of settlement under this Contract.
The contract essentially provides that if the buyer notifies the seller of defects within one year the seller must repair them. If the seller does not repair them, he is in breach. The limitations period for breach of contract is three years. Md.Cts. & Jud.Proc.Code Ann. § 5-101 (1984).
We held, supra, that the breach of contract claim asserted by the Council on behalf of the unit owners in Count Two was barred by limitations because the breach alleged was failure to repair the defects specified in Paragraph 12 of the first count, and notice of all those defects was given within one year of September 17, 1977. The same reasoning does not necessarily apply to the breach of contract claims asserted by the unit owners in the odd numbered counts between Counts Five and Ninety-Three. Each of the claims asserted by the unit owners allege defects in addition to those enumerated in Paragraph 12 of Count One, and there is an allegation contained in Count One and incorporated by reference in all succeeding counts to the effect that notices of defects were being given to Melba as late as May 6, 1980. The pleadings do not specify on what dates and as to what defects the later notices were given. Consequently, we must assume that individual unit owners could have given proper notice pursuant to their contracts on the last day of their one year periods and that if suit was filed within three years of that date it was timely brought. On the face of the pleadings, then, it is not apparent that all claims for breach of contract were barred by the statute of limitations and, therefore, the sustaining or granting of the demurrer or motion to dismiss was improper as to certain counts. For that reason, we reverse the court’s ruling sustaining appellee’s demurrer as to counts 5, 9, 11, 13, 15, 21, 23, 25, 27, 29, 31, 33, 35, 37, 39, 41, 43, 45, 47, 49, 51, 53, 55, 57, 59, 61, 63, 67, 69, 73, 75, 77, 79, 81, 83, 85, 87, 89, 91, and 93.