105 N.E.3d 224
Mass.2018Background
- In 2000–2001 A.J. Wood Construction and its principal hired Anthony Caggiano as electrical subcontractor to rehabilitate Bridgwood’s home under a Newburyport housing program contract.
- Contractors were contractually required to obtain permits, comply with building/electrical codes, and arrange inspections; defendants did not obtain permits or permit inspections for certain ceiling fixture wiring.
- Concealed, noncompliant wiring allegedly caused a house fire on January 31, 2012, producing substantial property damage; Bridgwood did not discover code noncompliance until the fire.
- The renovation work was completed by January 2001; Bridgwood filed a G. L. c. 93A claim (premised on violation of G. L. c. 142A § 17(10)) in January 2016—about 15 years after completion.
- Defendants moved to dismiss under the six‑year statute of repose in G. L. c. 260, § 2B; the Superior Court dismissed as time‑barred and the Supreme Judicial Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a G. L. c. 93A claim premised on a contractor’s violation of G. L. c. 142A § 17(10) is subject to the six‑year statute of repose in G. L. c. 260, § 2B | Bridgwood: c. 93A claims are governed by the four‑year statute of limitations in G. L. c. 260, § 5A; Legislature did not insert a repose period for consumer protection claims, so § 2B should not bar timely c. 93A suits | Defendants: Claim is essentially tort‑like (failure to perform work in compliance with law); § 2B’s six‑year repose for construction‑related torts applies and bars this suit | Court: The claim is tort‑like in substance and thus falls within § 2B’s statute of repose; because the action was filed more than six years after completion, it is barred |
Key Cases Cited
- Klein v. Catalano, 386 Mass. 701 (Mass. 1982) (upheld G. L. c. 260 § 2B as a valid statute of repose shielding construction professionals after a fixed period)
- Sullivan v. Iantosca, 409 Mass. 796 (Mass. 1991) (statute of repose cannot be tolled for fraudulent concealment in construction‑related torts)
- Anthony's Pier Four, Inc. v. Crandall Dry Dock Eng'rs, Inc., 396 Mass. 818 (Mass. 1986) (court must look to the "gist of the action" to determine whether a claim sounds in tort or contract)
- McDonough v. Marr Scaffolding Co., 412 Mass. 636 (Mass. 1992) (breach of warranty claims that are essentially the same as negligence are barred by § 2B)
- Kattar v. Demoulas, 433 Mass. 1 (Mass. 2000) (c. 93A is sui generis and not purely tort or contract, but does not permit relabeling a tort to avoid repose)