153723P.pdf   01/06/2017  Star City School District  v.  ACI Building Systems, LLC
   U.S. Court of Appeals Case No:  15-3723
   U.S. District Court for the Eastern District of Arkansas - Pine Bluff   
   [PUBLISHED] [[Wollman, Author, with Arnold and Kelly, Circuit Judges] 
   Civil case - Contracts. In action alleging defendant had installed a 
   defective roof and had failed to repair or replace it as promised, the 
   district court did not err in dismissing plaintiff's claims for fraud and 
   constructive fraud, as defendant's representations were as to future event 
   - repairing or replacing the roof - rather than a past event or a present 
   circumstance and the representations could not serve as the basis for a 
   fraud claim under Arkansas law; additionally, the complaint failed to 
   plead actual reliance on the alleged misrepresentations; with respect to 
   plaintiff's claims for breach of warranty, breach of contract and 
   negligence, the district court did not err in finding that the claims were 
   time-barred under Arkansas's Stature of Repose - Ark. Code Sec. 
   16-56-112(a); the statute was not tolled while defendant attempted to 
   repair the roof as there is no evidence that defendant fraudulently 
   concealed the roof's defects.