Sep 4 2015

Courtroom Success 2015-31: Boston Associate Curtis Carpenter

Boston Associate Curtis Carpenter obtained summary judgment in a construction dispute in Suffolk Superior Court. Our client was the original declarant and trustee of a trust that owned a large condominium building that underwent significant renovations that were poorly performed, resulting in over $400,000 in repairs. The trust alleged that the trustee was negligent in overseeing the renovations, breached his fiduciary duty to the condo owners, and breached the warranty of habitability. The court ruled that the trustee was immune from negligence liability under the trust, and that a warranty of habitability is created only in new construction, not in renovation projects, even substantial ones. Finally, the court ruled that there was insufficient evidence that the trustee undertook any fiduciary duty to oversee the construction.

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