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Delaware's three-year SOL is short and capital-expenditure inclusions are the most-litigated CAM line. Move quickly.
Cite 10 Del. C. § 8106 and quote the cap-ex exclusion clause from your lease. The dispute letter should identify each capital expenditure included in CAM and the exact lease language excluding it.
Delaware courts read the four-corners of the lease and apply the contra proferentem rule against the drafter. Ambiguity in the cap-ex exclusion favours the tenant.
Wilmington tenants — the three-year clock is the constraint. Generate the dispute letter draft and send it now.
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This page provides general educational information. It is not legal advice and may not reflect the most current law in your state. Consult a licensed attorney for advice specific to your situation.