Update Your Construction Contract! Massachusetts Supreme Judicial Court Holds that Breach of Contractual Indemnity Provision is Not Barred by the Statute of Repose
By EsqSocial Corporation 08/05/25
Under the Massachusetts statute of repose, tort claims involving improvements to real estate generally must be initiated within six years of the improvement’s opening to use. So, for example, if a worker suffers a jobsite injury as a result of an architect’s design defect, the worker’s claim against the architect is barred forever if it is not asserted within six years of the owner taking beneficial use of the project. Unlike statutes of limitations, this is true even if the claimant reasonably...
By: Conn Kavanaugh