Massachusetts Statute of Repose Applies One Building At a Time
12/22/20
By: David Slocum The Massachusetts Supreme Judicial Court (the “SJC”) recently issued an important decision addressing the previously unanswered question of when the Massachusetts 6-year statute of repose for defective design, planning, or construction is triggered for purposes of alleged defects in the common areas of a multi-building, multi-phase condominium construction project. In D’Allessandro v.…
Will Innocent Sellers Catch a Break?
1/12/18
By: Jeremy W. Rogers In a products liability case, any party along the line of distribution, from the design and manufacture, all the way down to the seller, may be held liable to a party injured from use of a defective product. While it is easy to understand holding an entity liable for issues with…
Georgia Court of Appeals Upholds Statute of Limitations Defense in Exterior Siding Case
1/9/18
By: Jan S. Sigman In Georgia, a negligent construction action must be brought within four years from when the right of action accrues. The right of action accrues when the plaintiff first could have maintained the action to a successful result, which means substantial completion of the project in original construction cases or the sale…