Christopher Sweeney | Conn Kavanaugh The Massachusetts Statute of Repose requires litigants to assert within six years all tort claims arising out of the design, construction, or administration of improvements to real property. The Statute begins to run upon the earlier of: (1) the opening of the improvement to use; and (2) substantial completion and… Continue reading When Does the Statute of Repose Begin to Run in Phased Development Projects?
Tag: Massachusetts
Massachusetts Court Clarifies Statute of Repose Trigger for Multi-Phase Construction Projects
Kyle Rice | White and Williams LLP In D’Allesandro v. Lennar Hingham Holdings, LLC, C.A. No. 17-cv-12567-IT, 2019 U.S. Dist. LEXIS 185874, the United States District Court for the District of Massachusetts recently discussed a case against a general contractor and its related entities, all of whom were involved in the construction of a multi-phase construction… Continue reading Massachusetts Court Clarifies Statute of Repose Trigger for Multi-Phase Construction Projects
Contract Scope Limits Tort Liability
Stan Martin | Commonsense Construction Law LLC | October 26, 2018 From the Massachusetts Appeals Court comes a reminder that a contract scope of services may serve to control or limit the scope of tort liability. New homeowners sued the contractor and designer, hired by the former homeowner for a replacement septic system, when that… Continue reading Contract Scope Limits Tort Liability
Contract Scope Limits Tort Liability
Stan Martin | Commonsense Construction Law LLC | October 26, 2018 From the Massachusetts Appeals Court comes a reminder that a contract scope of services may serve to control or limit the scope of tort liability. New homeowners sued the contractor and designer, hired by the former homeowner for a replacement septic system, when that… Continue reading Contract Scope Limits Tort Liability
Judge Salinger: Defendant’s Letter Disputing Existence of Contract Does Not Trigger Start of Statute of Limitations Period for Plaintiff
Matthew P. Ritchie and Natalie M. Cappellazzo | Nutter McClennen & Fish LLP | March 9, 2018 In Bay Colony, Judge Salinger denied the defendants’ motion to dismiss a contract claim as time barred even though one defendant (AMB) had sent a letter to the plaintiffs more than six years earlier disputing the existence of a… Continue reading Judge Salinger: Defendant’s Letter Disputing Existence of Contract Does Not Trigger Start of Statute of Limitations Period for Plaintiff