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Todd & Weld prevails in SJC on Statute of Repose question in construction defects case between developer and condo association

The Massachusetts Supreme Judicial Court ruled in favor of the firm’s developer client on the question of when the six-year Statute of Repose begins to run in the context of a multi-building condominium project.

Christopher Weld Jr., Tyler Chapman, Maria Davis, and Kristine Oren are defending the developer in a federal lawsuit against various claims asserted by the condominium trust – including negligence, breach of contract, breach of fiduciary duty, intentional and negligent misrepresentations, and Chapter 93A – based on alleged substantial construction defects at a 150-unit condominium in Massachusetts.

Answering a certified question from a U.S. District Court Judge in Massachusetts, the SJC determined that the six-year time period for filing a lawsuit regarding common areas of an individual building is triggered when the building is substantially complete or is open for its intended use – regardless of how many buildings or how many development phases exist in a multi-building condominium complex. 

The firm's client contends that the plaintiffs’ claims related to six of the 28 buildings in the complex are time-barred since those claims fall outside the six-year time period.

The SJC rejected the plaintiffs' argument that the statute is triggered only when the entire development is complete.