Wyman v. Ayer Properties, LLC (Massachusetts)

Wyman v. Ayer Properties, LLC (Massachusetts)

The question raised in this case is whether the economic loss doctrine may preclude an organization of unit owners from recovering against a condominium developer for defective construction, and if so, whether the economic loss doctrine can be satisfied by an association demonstrating that a defective element caused harm to other common area property or units.

Shortly after turnover of control from the condo trust to a unit elected owner board, the plaintiffs engaged an engineering consultant to investigate possible construction defects. The investigation revealed deficiencies associated with the windows, the roof and masonry of the building. The Trial Court ruled that the windows and roof had been deficient but that economic loss doctrine precluded an assessment for injury to masonry.

The plaintiff and the defendant both filed appeals. The appeal court affirmed the plaintiff’s claims regarding the windows and roof and also ruled that damage to the masonry be included in the award, but elected to apply the trial courts 20% reduction which factored in earlier-time repair costs. Both parties filed an application for further appellate review. The case has been referred to the Supreme Judicial Court of Massachusetts. 

Brief: CAI's Amicus Brief
Prior Ruling: Lower Court Ruling
Status: Pending
CAI Amicus Brief Author: Henry Goodman, Esq. 
CAI Amicus Brief Review Committee: Richard Ekimoto, Esq; Michael Karpoff, Esq; Gary Daddario, Esq; Marc Markel, Esq; Lara Anderson, Esq.

Amicus Curiae Briefs

Amicus curiae briefs allow CAI to educate a court about important legal and policy issues in cases related directly to the community association industry. If your association, municipality or state is being faced with a poorly formulated legal opinion, please consider contacting CAI and submitting an application for an amicus brief. If you have any questions, contact CAI's Government and Public Affairs department at [email protected] 

  • Brief Request Submission Procedure

    Amicus curiae (friend of the court) briefs allow organizations with an expertise in a certain area of the law to educate a court about the legal issues in a particular case.

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  • Brief Request Review Procedure

    Amicus requests submitted to CAI shall be reviewed by an Amicus Curiae Advisory Committee (Amicus Committee). An Amicus Curiae Review Panel shall vote by e-mail or via conference call on the request.
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