Condo Media - May 2015 - 26

ConferenceREWIND
The "economic loss
rule" generally prevents recovery for
damages for defects
in initial design or
construction alone-
damages are only
warranted to the extent
that those defects have
caused other damages,
such as personal
harm or injury to
other property.

associations dealing with construction
and design defects. In Wyman, the Massachusetts Supreme Judicial Court held
that the so-called "economic loss rule"
did not apply to damages to the common areas resulting from initial design
or construction defects. The "economic
loss rule" generally prevents recovery
for damages for defects in initial design
or construction alone-damages are
only warranted to the extent that those
defects have caused other damages,
such as personal harm or injury to
other property. Fortunately, the court
concluded that the rule is not applicable
to damage caused to the common areas
of a condominium building, paving the
way for recovery in such cases.
Porte Liberte II Condominium Ass'n,
Inc. v. New Liberty Residential Urban
Renewal Company, LLC. This case
is useful authority for the concept
of after-action ratification. A New

We make a commitment
to your success.
Our size affords us "best of both worlds" functionality.
We are both large enough to bring sufficient

Jersey condominium association filed
suit against a developer and contractors to recover damages for common
area defects. The defendants sought
summary judgment on the basis that
the association had not obtained the
proper unit owners' authorization
before bringing suit. The court held,
however, that the owners' vote authorizing a lawsuit after it had been filed
ratified the association's action.
In summary, this year's seminar was
yet again an educational and entertaining experience, and our firm looks forward to attending next year's meeting
in New Orleans.

■ SCOTT J. ERIKSEN, ESQ., IS AN
ATTORNEY WITH THE LAW FIRM OF
PERKINS & ANCTIL, P.C.

STATEWIDE RM

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brickwork and waterproofing since 1996

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brick by brick...

resources to bear on almost any legal project and
nimble enough to provide the responsiveness and
attention you deserve.
At Perkins & Anctil, P.C. our philosophy is to provide
the legal services necessary to "navigate the waters"
of your legal transaction or dilemma in the most
efficient manner possible. We provide frequent
communication and honest assessments of every
situation. We are committed to providing outstanding
value through the combination of exceptional legal
services and affordable rates.

www.perkinslawpc.com
6 Lyberty Way, Suite 201
Westford, MA 01886
Tel (978) 496-2000
info@perkinslawpc.com

CONDOMEDIA

"We believe in forging
meaningful, long-lasting
relationships with our
clients."
- Robert Anctil, Managing Partner
Charles Perkins, Senior Partner

Practicing Condominium
Association, Real Estate,
Litigation and Bankruptcy
Law, since 1988.

We work to ensure the durability
and attractiveness of the masonry
and other related surfaces of your
community association property.

617-686-3302

Kieran Fitzgibbon - President
kfitzgibbon@statewiderm.com
www.statewiderm.com

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Condo Media - May 2015

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