Morrison Mahoney Partner Tory A. Weigand and Of Counsel Steven Bolotin recently prevailed before the Massachusetts Appeals Court.
The decision was rendered on June 23, 2020. The action involved allegations of defective construction as to a condominium development. Tory and Steven represented an architectural firm. Of note was that a developer-appointed trustee was the sole trustee of the trust at the time defective construction issues were first raised. The Appeals Court affirmed the trial court’s determination that the claims were time barred. The trustees asserted that the information received by the developer appointed trustee should not be imputed to the trust for purposes of accrual based on the assertion of adverse interest. The contention was rejected based on the finding that the developer-appointed trustee had the same interest as the trust in holding the contractors accountable for defective construction. As to the additional misrepresentation claim based on a construction control affidavit filed with the Town, the Court agreed that equitable tolling did not apply and that there was no reason the trust could not have investigated and discovered the allegedly false statements in the affidavits. Saker v. Steffian Bradley Associates, Inc. et al, Appeals Court Docket 19-P-90 (June 23, 2020).
