Client Alert: Prince Lobel Attorney Hugh Gorman Obtains Dismissal of Multi-Million Dollar Claims Against General Contractor for Alleged Construction Defects

CLIENT ALERTS · June 29, 2020

In 2009, Hugh Gorman, Chair of Prince Lobel’s Construction  Group, undertook the defense of a general contractor from construction defect claims related to a high-end condominium development in Brookline, Massachusetts.  The project developer filed for bankruptcy protection, leaving the general contractor, architects, and various subcontractors to face and defend against the plaintiff condominium association’s claims, which sought upwards of $10 million dollars.

After 8 years of discovery involving hundreds of thousands of documents and over 30 depositions relating to the common areas of the three separate condominium buildings in question, Attorney Gorman obtained summary judgment in the Superior Court. The court dismissed building envelope/water infiltration claims and claims relating to leaking roof systems because they were brought too late under the governing statute of limitations.

The plaintiff appealed the decision to the Massachusetts Court of Appeals. On June 23, 2020, the Court issued a summary decision upholding the Superior Court’s ruling in favor of our client.

Our client noted that “Hugh went all 10 rounds for us and won the fight!”

For more information, please contact Construction Practice Group chair Hugh Gorman (hgorman@princelobel.com; 617-456-8093) .

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