The front page of the July 9 edition of Massachusetts Lawyers Weekly highlighted Prince Lobel Construction group leader Hugh Gorman and his recent favorable appeals court decision. The article, “Equitable Tolling Can’t Salvage Condo Claims,” states, “Because a developer had the same interest as a condominium trust in holding contractors accountable for defective construction, the doctrine of equitable tolling could not salvage the trust’s time-barred claims, the Appeals Court has decided.
The article goes on to say that a threshold issue in Saker, et al. v. Steffian Bradley Associates, et al. was whether information received while a developer-appointed trustee still controlled the condominium board should be imputed to the trust for the purposes of determining when the claims related to leaks at the complex accrued. The condominium trustees argued that it should not, but the Appeals Court disagreed.
Boston attorney Hugh J. Gorman III represented the general contractor and argued the case before the Appeals Court. “Had the decision gone the other way, it would have created some unpredictability for general contractors, architects, engineers, and subcontractors,” he said.
Echoing a number of other lawyers who weighed in on Saker, Gorman said the issue is one for the Legislature, not the judicial branch, to decide.