Morrison Mahoney Partner Tory Weigand was quoted in a recent edition of Massachusetts Lawyers Weekly.
The article discussed Saker, et al. v. Steffian Bradley Associates, et al., in which is the primary issue was whether information received while a developer-appointed trustee still controlled the condominium board should be imputed to the trust for the purposes of determining when their claims related to leaks at their complex accrued.
The Appeals Court ruled that, because a developer had the same interest as a condominium trust in holding contractors accountable for defective construction, the doctrine of equitable tolling could not salvage the trust’s time-barred claims.
Tory, who represented the defendant architects in the case, noted that exceptions to statutes of limitations based on “equitable tolling” are rare and require concealment, and was not the issue in this particular case.
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