Massachusetts Supreme Judicial Court

In this case, the firm represented the condominium association for the Cotuit Bay Condominiums, which sued the developer of the condominium project, relating to defective construction of the condominium. Engel & Schultz took over the case after it had been unsuccessfully litigated without a resolution for 14 years.   Engel & Schultz successfully appealed to the Massachusetts Supreme Judicial Court and overturned the dismissal of plaintiffs’ contract and breach of implied warranty claims. As the result of Engel & Schultz’s efforts, the Supreme Judicial Court declared that an implied warranty of habitability attaches to all new residential construction in the Commonwealth. On remand, the firm successfully obtained a judgment for over $2.4 million.

Engel & Schultz partner Stephen Schultz handled the two appeals in the case and was lead counsel in the 18 day retrial of the case.

If you wish to read a copy of the brief filed by Mr. Schultz on behalf of the condominium association in the first appeal, please click here.