Donovan Hatem files Amicus Brief with Massachusetts Supreme Judicial Court Urging Court to Uphold Statute of Repose
On April 14, 2020, Donovan Hatem, LLP filed an Amicus (friend of the court) brief with the Massachusetts Supreme Judicial Court (SJC) in the matter of D’Allessandro v. Lennar Hingham Holdings, LLC (https://www.ma-appellatecourts.org, case number SJC-12891). The brief was filed on behalf of the American Council of Engineering Companies of Massachusetts (ACEC) and the Massachusetts Chapter of the American Institute of Architects (AIA/MA).
In this case, the SJC will decide an issue concerning the application of the Statute of Repose to a multi-phase condominium development. The Statute of Repose sets a strict 6-year time period for asserting claims related to the improvement of real property. Here, the question presented to the Massachusetts high court is whether the completion of each building, or conversely of the development as a whole, is the trigger for the Statute of Repose.
In its brief, DH presented the position of ACEC and AIA/MA that the Statute of Repose is intended to limit the liability of architects, engineers and others involved in real estate construction and that the Statute is triggered upon the opening of each building to use or its substantial completion. To read the entire brief, click here. This will be the third time that the Supreme Judicial Court has addressed the application of the Statute of Repose since 2018. Oral argument is presently scheduled for May 4, 2020 and a decision from the court is expected to be issued by fall 2020.