
In Bridgwood v. A.J. Wood Construction, Inc., 105 N.E.3d 224 (Mass. 2018), the Supreme Court of Massachusetts determined that the statute of repose barred the plaintiff’s consumer protection claims commenced more than six years after the occurrence of the event that gave rise to the claims. In Bridgwood, the homeowner filed suit against the contractors who had performed renovations 15 years earlier. The homeowner asserted that concealed faulty electrical work caused a fire 11 years after the work was completed. The complaint alleged that the contractors, by violating Mass. Gen. Laws. Chapter 142A §17(10), committed an unfair and deceptive act pursuant to Mass. Gen. Laws Chapter 93A.
Section 17(10) prohibits contractors from violating building laws and specifically states that a violation of Section 17(10) constitutes an unfair and deceptive act as defined by Chapter 93A. Chapter 93A is regarded as one of the most stringent consumer protection statutory schemes in the nation, and allows litigants to seek remedies such as treble damages and attorney fees.
The renovation contract required the defendant general contractor to comply with all applicable codes, to ensure that all necessary permits were obtained prior to the commencement of any renovations, and to inspect all work. The general contractor was authorized to hire subcontractors to perform the work, but remained responsible for overseeing the subcontractors’ work to ensure that it was in conformity with the contract. Additionally, the general contractor was to certify compliance with all applicable regulations, including the home improvement contractor laws set forth in Chapter 142A.
The general contractor hired an electrical subcontractor to perform the electrical work. The plaintiff alleged that the contractors failed to obtain permits, did not perform any inspections, and performed electrical work that did not meet code requirements. Significantly, the electrical wiring at issue was located in a concealed space, so was not readily visible after the contractor completed the renovations.
The defendants filed a motion to dismiss, alleging that the plaintiff’s Chapter 93A claims were time-barred because the plaintiff’s complaint was filed after the six year statute of repose expired. The plaintiff argued that the statute of repose did not apply to her consumer protection claims under Chapter 93A. Thus, the Supreme Court was called upon to determine whether the statute of repose applied to the plaintiff’s Chapter 93A claims. Central to the resolution of that question was whether the plaintiff’s Chapter 93A claims were based on tort principles rather than contract principles.
The Supreme Court, looking at the substance of the action, found that the plaintiff’s Chapter 93A claims were indistinguishable from negligence claims because the plaintiff alleged that the defendants failed to perform the electrical work in conformity with the standards set forth in Chapter 142A §17(10). Thus, the court held that the plaintiff’s Chapter 93A claims were subject to the six-year statute of repose. To reach its decision, the court rejected the notion that a plaintiff may circumvent the statute of repose by relabeling a tort claim as a Chapter 93A violation.
The Bridgwood case is a good reminder of the importance of performing a thorough legal analysis to determine the applicability of “case killers” such as the statute of repose. Without understanding the foreseeable defenses of a claim, plaintiffs may expend valuable resources to pursue claims that are time-barred or are otherwise destined for dismissal. While there are times that exercising creativity is appropriate, subrogation practitioners should always be mindful that advancing such arguments may create law when uncertainty is more favorable in a given jurisdiction.
Recent Posts
Categories
- Products Liability
- CPSC Recalls
- Subrogation
- Construction Defects
- New York
- Statute of Limitations-Repose
- Evidence
- Minnesota
- Experts – Daubert
- Maryland
- Jurisdiction
- Rhode Island
- CPSC Warning
- Experts - Reliability
- Podcast
- Anti-Subrogation Rule
- Workers' Compensation
- Uncategorized
- Negligence
- Contracts
- Cargo - Transportation
- Landlord-Tenant
- Sutton Doctrine
- Waiver of Subrogation
- Arbitration
- Texas
- Pennsylvania
- AIA Contracts
- Florida
- Economic Loss Rule
- Malpractice
- Wyoming
- Spoliation
- Tennessee
- Water Loss
- Indiana
- Michigan
- Comparative-Contributory Negligence
- Contribution-Apportionment
- Assignment
- Missouri
- Parties
- Public Policy
- Civil Procedure
- Arkansas
- New Jersey
- Res Judicata
- Product Liability
- Damages
- Damages – Personal Property
- Arizona
- Certificate of Merit
- Litigation
- West Virginia
- Oklahoma
- Georgia
- Limitation of Liability
- Builder's Risk
- Contractual Subrogation
- Equitable Subrogation
- Illinois
- Insurable Interest
- Mississippi
- Made Whole
- Delaware
- Settlement
- Subrogation – Equitable
- Construction
- Premises Liability
- Joint or Several Liability
- Montana
- Duty
- Privity
- New Mexico
- Right to Repair Act
- Massachusetts
- Landlord
- Tenant
- Building Code
- Causation
- Architects-Engineers
- California
- Condemnation
Tags
- Products Liability
- Subrogation
- New York
- Construction Defects
- Product Liability
- Circumstantial Evidence
- Evidence
- Malfunction Theory
- Podcast
- Minnesota
- Experts
- Subro Sessions
- Jurisdiction
- Maryland
- Texas
- Statute of Repose
- Jurisdiction - Personal
- Waiver of Subrogation
- Experts – Daubert
- Rhode Island
- Contracts
- CPSC Recalls; Products Liability
- Statute of Limitations - Accrual
- Negligence
- Landlord-Tenant
- Civil Procedure
- Pennsylvania
- Georgia
- Experts - Reliability
- Certificate of Merit
- Amazon-eBay
- Louisiana
- Made Whole
- Economic Loss Doctrine
- Florida
- Construction Contracts
- Anti-Subrogation Rule
- Illinois
- New Jersey
- Parties
- Experts – Qualifications
- Ohio
- Right to Repair Act
- Statute of Limitations - Tolling
- Contracts - Enforcement
- Indiana
- Sutton Doctrine
- Arizona
- West Virginia
- Design Defect
- Spoliation
- Water Damage
- Connecticut
- Evidence - Hearsay
- Damages
- Privity
- Condominiums
- Massachusetts
- Tennessee
- Statute of Limitations
- Limitation of Liability
- workers' compensation subrogation
- Apportionment
- Exculpatory Clause
- Expert Qualifications
- Arbitration
- Negligence – Duty
- Amazon
- Wisconsin
- Workers’ Compensation
- Public Policy
- Missouri
- Negligent Undertaking
- Statute of Limitations - Contractual
- Delaware
- Indemnification
- Architects-Engineers
- Loss of Use
- Vehicles
- Washington
- AIA Contract
- Warranty - Implied
- Res Judicata
- Settlement
- Statute of Limitations - Repose
- Improvement
- Michigan
- Malpractice
- Idaho
- Internet Sales
- Non-Party at Fault
- Spoliation – Fire Scene
- Gross Negligence
- Malfunction Theory; Design Defect
- Mississippi
- Statute of Limitations – Discovery Rule
- Independent Duty
- Cargo-Transportation
- Contribution
- Implied Warranty of Habitability
- Warranty - Construction
- North Carolina
- Utah
- Standing
- Comparative Fault
- Res Ipsa
- New Mexico
- Contracts - Formation
- Unconscionable
- Failure to Warn
- Manufacturing Defect
- Pleading
- Removal
- Entire Controversy Doctrine
- Motion to Intervene
- Subrogation; High-Net-Worth; Damages; Art; Cargo-Transportation; Anti-Subrogation Rule
- Nevada
- Virginia
- Products Liability – Risk-Utility
- Lithium-ion battery
- Burden of Proof
- Anti-Subrogation Rule; Wyoming; Landlord-Tenant; Sutton Doctrine
- New Hampshire
- Oklahoma
- Sanctions
- Builder’s Risk
- Contractual Subrogation
- Equitable Subrogation
- Insurable Interest
- Joint-Tortfeasors
- Arkansas
- Kentucky
- Daubert
- Fire - Cigarettes
- Colorado
- Causation
- Discovery-Sanctions
- Third Party
- Accepted Work
- Montana
- Independent Contractor
- Privilege
- Betterment
- Damages-Code Upgrades
- Insurance Coverage
- First Party Claims
- Forum-Venue
- Warranty – Express
- AIA Contracts
- Anti-Indemnity Statutes
- Products Liability - Foreseeability
- Discovery - Experts
- MCS-90
- Substantial Completion
- Reimbursement
- Assignment
- Counterclaim
- Products Liability; Malfunction Theory
- Economic Loss Rule
- Unfair Trade Practices
- Evidence – Probative Value
- Parties – Real Party in Interest
- Status of Repose
- Evidence - Public
- Construction Defects - Fixtures
- Subrogation – Equitable
- Additional Insured
- Trespass
- Contract
- COVID-19
- Incorporation by Reference
- Damages – Emotional Distress
- Oregon
- Products Liability; Mississippi
- Third Party Spoliation
- No-Fault Subrogation
- Food and Beverage
- Jury Instructions
- South Carolina
- California Court of Appeals Holds Subrogating Carrier Cannot Assert Claims of Its Suspended Insured
- Debt Collection
- Montreal Convention
- Medical Benefits
- Immunity
- Products Li
- Wyoming
- Release
- Liens
- Kansas
- California
- Condemnation
- Inverse Condemnation
Authors
Archives
- April 2025
- March 2025
- February 2025
- January 2025
- December 2024
- November 2024
- October 2024
- September 2024
- August 2024
- July 2024
- June 2024
- May 2024
- April 2024
- March 2024
- February 2024
- January 2024
- December 2023
- November 2023
- October 2023
- September 2023
- August 2023
- July 2023
- June 2023
- May 2023
- April 2023
- March 2023
- February 2023
- January 2023
- December 2022
- November 2022
- October 2022
- September 2022
- August 2022
- July 2022
- June 2022
- May 2022
- April 2022
- March 2022
- February 2022
- January 2022
- December 2021
- November 2021
- October 2021
- September 2021
- August 2021
- July 2021
- June 2021
- May 2021
- April 2021
- March 2021
- February 2021
- January 2021
- December 2020
- November 2020
- October 2020
- September 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- February 2020
- January 2020
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- July 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016
- September 2016
- August 2016
- July 2016
- June 2016
- May 2016
- April 2016
- March 2016
- February 2016
- January 2016
- December 2015
- November 2015
- October 2015
- September 2015
- August 2015
- July 2015
- June 2015
- February 2015
- January 2015
- November 2014
- October 2014
- September 2014
- May 2014
- April 2014
- December 2013
- August 2013
- May 2013
- February 2013