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

/ Owner - August 7, 2014

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……..

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