SJC (MA) Removes Uncertainty and Contortions from Condominium Construction Defect Claims

The state’s highest court upheld an Appeals Court ruling (Wyman v. Ayer Properties) holding that the economic loss rule limiting recovery in tort actions should not be applied to community association claims for defects in the original construction and design of a condominium’s common areas. The SJC also rejected a formula for calculating damages the Appeals Court had upheld that based the construction defect award on what the repairs would have cost at the time of the defective construction rather than on what the association would have to pay when the repairs were made.    Read more……..


Related Articles

Condominium Assessment Liens in Florida, Part IV: Overcoming Defenses and Sale of the Unit

Just like all other lawsuits, the unit owner is entitled to assert defenses. Below is a discussion on the most common.

EPA cracks down on stormwater violations, draining municipal resources

The visit from environmental inspectors had the nerve-rattling effect of an IRS audit.  Three U.S. Environmental Protection Agency staffers and

Columbia board might delay controversial homeowners legislation

The Columbia Association board might delay a request for legislation that would reclassify CA under state law, fearing that the