Tyler E. Chapman and Maria T. Davis obtained summary judgment dismissing a breach of contract claim related to the planned installation of solar panels on a commercial building owned by their client.
Mr. Chapman and Ms. Davis persuaded a Massachusetts Superior Court judge to reject the claim that their client had to pay the costs of roof repair work undertaken in anticipation of the solar project.
A now-defunct corporation had agreed to a 15-year lease of the commercial building's roof for the installation and operation of solar panels. The corporation paid for the roof repair costs as agreed to in the lease agreement, but the project failed to proceed after an expected investor decided against funding the project.
The judge ruled that the lease agreement unequivocally placed the risk of roof repair costs on the tenant once certain conditions were met under the agreement, including the tenant providing notice that it was ready to proceed with the project.
Because the contract controlled the dispute, the plaintiffs' equitable claims were barred, according to the judge, who also dismissed an unfair business practices claim.
Mr. Chapman, a partner at the firm, has a general litigation practice with a focus on commercial and real estate-related litigation. Ms. Davis, an associate at the firm, focuses on civil litigation, including business disputes.
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