A Contractor’s Best Friend: The Statute of Repose and Time Limits on a Homeowner’s Tort Claims

Good news for contractors, developers, and design professionals – Massachusetts’ highest court has recently confirmed that you cannot be held liable for negligent design, planning, or construction activities more than six (6) years after you finish that work. 

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Massachusetts Rule Confirmed, No Legal Remedy for Damage Caused by Neighbor's Healthy Tree

Massachusetts Rule Confirmed, No Legal Remedy for Damage Caused by Neighbor's Healthy Tree

The Massachusetts Supreme Judicial Court has affirmed the continued validity of the “Massachusetts Rule” with respect to tree damage, which states that if your neighbor’s healthy tree extends over and causes damage to your property, you cannot sue your neighbor, but you may remove the offending branches or roots on your side of the property line to prevent damage.

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Johnson & Borenstein win subdivision appeal against Town of Lunenburg in Land Court

Johnson & Borenstein win subdivision appeal against Town of Lunenburg in Land Court

The Land Court has issued a decision in favor of Johnson & Borenstein’s client, O’Brien Homes, against the Town of Lunenburg Planning Board, reversing the Board’s denial of subdivision plans and clearing thefor development of 135 residential lots. The Court invited the developer to proceed with its bad faith claim against the Town.

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