Statute of Repose Bars Negligence Claims After Passage of Six Years
Cusolito v. Care Free Homes, Inc., Civ. No. 05-00443, 2007 WL 5578208 (Mass. Super. Ct. Nov. 1, 2007)
On motions for summary judgment, the Superior Court held that the statute of repose barred all negligence-based claims filed by a homeowner against the defendant contractor who installed vinyl siding and the contractor’s president, and also barred the contractor’s third-party claims against a roofing contractor for contribution. The court allowed the action to go forward on a claim by the homeowners premised on an express ten-year warranty by the vinyl-siding contractor.