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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Merchants Mutual Ins. v. Face Place, Inc., 20 Mass. L. Rptr. 511 (2006)

Citation
Merchants Mutual Ins. v. Face Place, Inc., 20 Mass. L. Rptr. 511 (2006)
Parent Document
Merchants Mutual Ins. v. Face Place, Inc., 20 Mass. L. Rptr. 511 (2006)
Jurisdiction
Massachusetts (state)
Effective Date
2006-02-10

Other Sections in This Document (73)

Full Text

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The Legislature could have rationally concluded that it was proper to place different time limits on the liability of builders from those placed on persons in possession or control as owner .. . There is a valid distinction between persons performing or furnishing the design, planning, supervision, inspection or observation of construction . . . and a person in possession or control, as owner ... of such improvement at the time of the incident giving rise to the cause of action ... It is difficult for the architect or contractor to guard against. . . occurrences because, after the acceptance by the owner, the architect or contractor ordinarily has neither control of the improvement nor the right to enter or inspect the improvement. 386 Mass. 701, 715-16 (1982).