The Subrogation Strategist

In Trustees of Boston University v. Clough, Harbour & Associates LLP, 495 Mass. 682, the Supreme Court of Massachusetts held that the tort statute of repose for improvements to real property did not bar a contract claim where the breach of the contract was based in negligence.

In Trustees of Boston University, Clough Harbour & Associates LLP (CHA) contracted with Boston University to design a new athletic field for Boston University. The contract included an indemnification provision that provided: “[CHA] shall indemnity [the university] from and against any and all expenses ... Continue Reading