The United States District Court’s decision in D’Allessandro, et al. v. Lennar Hingham Holdings, LLC, et al. clarifies the Massachusetts statute of repose, G.L.c. 260 §2B, which bars tort suits based on construction and design defects that are filed more than six years after beginning an “improvement” to property or after the improvement has been substantially completed and occupied by the owner.
Plaintiffs’ counsel Hugh J. Gorman III commented on the decision in favor of his clients. “We are anxious to pursue our claims and we’re looking to be made whole,” Gorman said.
The defendants claimed that each of the 28 buildings within the 150-unit development were each classified as an improvement under the statute. Judge Indira Talwani respectfully disagreed stating that the project in its entirety constituted one improvement.
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