Sharply Divided Massachusetts Supreme Court Holds That the Statute of Repose Bars a Homeowner’s Claim Against a Contractor Under the Consumer Protection Statute

Bridgwood v A.J. Wood Constr., Inc., 2018 Mass. Lexis 561 (Sup. Ct., Aug. 29, 2018)

On October 30, 2000, the city of Newburyport, through its housing rehabilitation program, awarded A.J. Wood a contract for the rehabilitation of Ms. Terry Bridgwood’s home in Newburyport.  Under the city’s contractor agreement for the housing program, Wood was required to comply with certain standards, including that all rehabilitation, alterations, repairs, or extensions be in compliance with all applicable Federal, State, and local codes.  The agreement also required that all contractors and subcontractors must obtain and maintain all necessary permits, and must certify that the work complied with all Federal, State, and local regulations of the Massachusetts home improvement law, among other things.  The work on the Bridgwood home was completed by Wood in 2001.

In 2012, Bridgwood’s home suffered a substantial fire.  She filed suit in the state superior court in 2016, under the Consumer Protection Statute, claiming that Wood and its electrical subcontractor failed to obtain a permit to replace or repair certain ceiling light fixtures on the premises.  Additionally, she alleged that none of the defendants gave proper notice to local inspectors, nor did they perform their work in compliance with the applicable Federal, State, or local codes, as required by the contractor agreement.

Wood moved to dismiss Bridgwood’s lawsuit as untimely under the statute of repose.  The Superior Court agreed and dismissed the suit.  Bridgwood appealed and the appeal was transferred to the Supreme Court.  A divided Supreme Court affirmed in a 4-3 decision. Continue reading “Sharply Divided Massachusetts Supreme Court Holds That the Statute of Repose Bars a Homeowner’s Claim Against a Contractor Under the Consumer Protection Statute”