Justia Construction Law Opinion SummariesArticles Posted in Massachusetts Supreme Judicial Court
City Electric Supply Co. v. Arch Insurance Co.
In this case involving a claimant seeking to enforce a target lien bond by commencing a civil action pursuant to the mechanic's lien statute, Mass. Gen. Laws ch. 254, 14, the Supreme Judicial Court vacated the superior court's order allowing Defendant Arch Insurance Company's (Arch) summary judgment, holding that the lien statute contains no requirement that the claimant record an attested copy of the complaint in the registry of deeds. City Electric Supply Company (CES) supplied electrical materials for a construction project in Brookline and perfected a mechanic's lien on the Brookline property. Later, general contractor Tocci Building Corporation issued and recorded a target lien bond in the amount of the mechanic's lien CES had created. The target lien bond listed Arch as surety. CES then filed an action against Arch seeking to enforce the target lien bond. A superior court judge granted summary judgment for Arch, concluding that suit on a lien bond requires an attested copy of the complaint to be recorded. The Supreme Judicial Court reversed and remanded the case, holding that a party seeking to enforce a target lien bond need not record a copy of a complaint in the registry of deeds as a condition precedent to enforcing the bond. View "City Electric Supply Co. v. Arch Insurance Co." on Justia Law
Bridgwood v. A.J. Wood Construction, Inc.
The Supreme Judicial Court affirmed the superior court’s dismissal of this complaint under the statute of repose, holding that a claim alleging that a building contractor committed an unfair or deceptive act under Mass. Gen. Laws ch. 93A, 2 and 9 by violating Mass. Gen. Laws ch. 142A, 17(10) is subject to the six-year statute of repose set forth in Mass. Gen. Laws ch. 260, 2B. In 2016, Plaintiff brought this action alleging that renovations performed in 2000 to 2001 by Defendants caused a fire in her home in 2012. A superior court judge dismissed the complaint as untimely under the six-year statute of repose. The Supreme Judicial Court affirmed, holding (1) Plaintiff’s chapter 93A claim was sufficiently tort-like to bring it within the ambit of the statute of repose; and (2) because this action was commenced more than six years after the work was completed, it was barred by chapter 260, section 2B, and therefore properly dismissed. View "Bridgwood v. A.J. Wood Construction, Inc." on Justia Law