D'Allessandro v. Lennar Hingham Holdings, LLCAnnotate this Case
In this case, the Supreme Judicial Court responded to a certified question posed by a judge in a federal district court concerning the application of the six-year statute of repose in Mass. Gen. Laws ch. 260, 2B to claims regarding alleged defects in the design and construction of the common areas of a multi-building, multi-phase condominium.
The Supreme Judicial Court answered (1) regardless of how many phases of the development there may be or how many buildings are within each phase, where a condominium development is comprised of multiple buildings each building constitutes a discrete improvement for purposes of Mass. Gen. Laws ch. 260, 2B such that the opening of each individual building to its intended use or the substantial completion of the individual building and the taking of possession for occupancy by the owner triggers the statute of repose under section 2B with respect to the common areas and limited common areas of that building; and (2) where a particular improvement is integral to, and intended to serve, multiple buildings the statute of repose begins to run when that discrete improvement is substantially complete and open to its intended use.