The Massachusetts Supreme Judicial Court recently issued a noteworthy opinion regarding a property owners’ responsibility to remedy violations of the Wetlands Protection Act (the “Act”). The Court held that a local conservation commission may bring an enforcement action against a new property owner for up to three years following the property owners’ date of acquisition—even […]
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Many states and jurisdictions, including Massachusetts, have been prompted to re-examine their construction and design liability related laws in the wake of the Champlain Towers South high-rise condominium collapse in Surfside, Florida. One such law is under particular scrutiny in Massachusetts. In Massachusetts, Massachusetts General Laws, Chapter 260, §2B (the “Statute of Repose”) generally prevents […]
The Massachusetts Supreme Judicial Court (SJC) resolved an important question concerning how long prospective plaintiffs have to pursue construction defect claims against a developer when a condominium development consists of multiple buildings constructed over an extended period of time. In D’Allesandro v. Lennar Hingham Holdings, LLC, the SJC held that the six-year statute of repose […]
