concurring:
I agree that the discovery rule applies in this case and that constructive notice from the land records, in and of itself, does not constitute the requisite knowledge of circumstances which ought to have put the plaintiff on inquiry. However, I am unable to join in the reasoning by which the majority reaches the conclusion on the first issue.
Here on Risser’s motion for summary judgment the facts are that he undertook to construct the Poffenberger home in the center of the lot and in compliance with all relevant restrictions, including the side yard set back. In Mattingly v. Hopkins, 254 Md. 88, 253 A.2d 904 (1969) the limitations analysis was in terms of the discovery rule where a survey crew employed by civil engineers failed to mark out subdivision lots on the ground in accordance with the record plat. *639We also analyzed the limitations question in a claim for faulty construction under the discovery rule in Steelworkers Holding Co. v. Menefee, 255 Md. 440, 258 A.2d 177 (1969). See also Callahan v. Clemens, 184 Md. 520, 41 A.2d 473 (1945). It is on the basis of these precedents that I would apply the discovery rule in this case.
The majority holds, in essence, that "[a] civil action at law,” governed by the three years limitation provision of Md. Code (1974,1980 Repl. Vol.), § 5-101 of the Courts and Judicial Proceedings Article, "accrues” when the claimant in fact knew or reasonably should have known of the wrong. It is much the same as if knowledge, or the reasonable means of knowledge, on the part of the plaintiff were made an additional element of whatever cause of action is presented under the statute. Previously this Court approached application of the discovery rule on a case by case basis. The majority today has prescinded from these rulings and announced a principle of general application. This is a major step which is unnecessary to the decision of the present case.
I cannot make the majority’s generalization that this sweeping expansion of the discovery rule will prevent an injustice in the enlarged class of cases. Because a claim can survive limitations only under an expanded discovery rule is no greater indication that it has legal merit than is the assertion of a limitations defense an indication that there is no defense to the merits. Further, and unlike the majority, I do sense a valid reason why this case should not be the vehicle for making the discovery rule’s sweep generally applicable. In certain types of claims the operation of a pure and unrestricted discovery rule under our prior decisions has been limited by the General Assembly. As to health care providers, the time limit for filing a claim is now basically 5 years from the time of injury under § 5-109 of the Courts Article. The time limit is 10 years "after the date the entire improvement first became available for its intended use,” as to certain claims against "any architect, professional engineer or contractor” under Code (1980 Supp.), § 5-108 of the Courts Article.
*640These statutes are a response to some of the problems presented by the discovery rule. It has effects on the cost of defense, on the availability and cost of liability insurance, and on the ability to present proof of defense of liability. Further, this expanded discovery rule announced today apparently applies, at least as to all causes of action subject to the general three year limitations statute, both in actions ex delicto and ex contractu. Yet, in one of the most common types of contracts, the contract for sale, the Uniform Commercial Code’s special four years limitation provision adopts a contrary policy. The "cause of action accrues when the breach occurs, regardless of the aggrieved party’s lack of knowledge of the breach.” Md. Code (1975), § 2-725 (2) of the Commercial Law Article. A further complication of today’s broad pronouncement is its relationship to § 5-203 of the Courts Article. The fact that the failure to discover the alleged wrong was due in no way to the defendant’s fraud will seemingly be immaterial in many, if not most, civil actions at law.
Since every legal relationship in society gives rise to rights and obligations, and thereby potential litigation, it is impossible to foresee the types, volumes and merits of claims which will hereafter present the assertion that the claimant reasonably did not know of the facts comprising each of the traditionally constituent elements of the alleged wrong within three years after they occurred. Rather than predict that the principle announced today will be dispositive of limitations issues in all of these unknown cases in a manner which is just to the parties and society, I would simply decide only that which it is necessary to decide in the instant case. That decision can be made by analogy to the facts presented here from the rules applied in our prior cases. Particularly in light of the legislative limitations placed in certain situations on a judicially unrestricted discovery rule, I would not pronounce the discovery rule to be a general principle and accordingly would not decide this case deductively from it.
Chief Judge Murphy has authorized me to state that he joins in the views expressed in this concurring opinion.