Condominium Wins Lawsuit Against Developer for Faulty Work

In what will be good news to condominium associations, the Appeals Court today held that a condominium unit owners' association may recover damages  from a builder for negligent design or construction of common area property where damages are reasonably determinable, where the association otherwise lacks a remedy, and where the association acts within the time allowed by the applicable statute of limitations.  Wyman v. Ayer Properties , LLC, Mass. Appeals Court Docket No. 11-P-1046.  The case involved a builder who renovated an old mill building in Lowell and there were leaks in the roof, windows and masonry.  This case effectively gives condominium trustees the right to sue for damages to the common areas.  It could also extend what was a one year warranty for new construction to three years, and be interpreted to add the option to recover damages for renovations (as opposed to new construction).  Glickman Turley LLP represents condominium trustees and unit owners in litigation, and we welcome this decision.