statute of limitations

Breaking: Mass. SJC Holds That Real Estate Statute of Repose Bars Tort Claims Arising From Asbestos Exposure After Six Years

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In a decision of great importance to property owners, developers, architects, engineers, and contractors, the Massachusetts Supreme Judicial Court (SJC) this morning ruled that the state’s six-year statute of repose, M.G.L. c. 260, § 2B, applies to tort claims based on asbestos exposure and other diseases with long latency periods.  The decision is Stearns v. Metropolitan Life Insurance Company.

The statute of repose applies to “Action[s] of tort for damages arising out of any deficiency in the design, planning, construction or general administration of an improvement to real property . . .” and states, “in no event shall such actions be commenced more than six years after the earlier of the dates of (1) the opening of the improvement to use; or (2) substantial completion of the improvement and the taking possession for occupancy by the owner.”

Unlike statutes of limitation, which start to run when a claim “accrues” (generally when the injured party becomes aware of the

Mass. SJC Expands Time for Bringing Property Damage Claims Under Chapter 21E

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Lawsuits to recover cleanup costs and property damages resulting from environmental contamination can be expensive and time-consuming. Plaintiffs should be sure their claims are timely before embarking on the litigation path.

M.G.L. c. 21E (Chapter 21E), the Massachusetts Oil and Hazardous Material Release Prevention and Response Act, contains a statute of limitations provision, Section 11A. Until now, the law was reasonably clear on when a property damage claim must be brought. In its recent decision in Grand Manor Condominium Association v. City of Lowell (pdf), the Massachusetts Supreme Judicial Court (SJC) elaborated on the meaning of “damage” under Chapter 21E and redefined what triggers the statute of limitations for a property damage claim. In Grand Manor the SJC ruled that the statute of limitations does not begin to run until the plaintiff learns that the damage to the property “is not reasonably curable by the remediation process.”

Section 11A(4) of Chapter 21E states that claims for property