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August 29, 2024

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Dylan Sanders

Grand Manor: Extending the Claims Period for Environmental Property Damage

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In the Boston Bar Journal’s Summer 2018 (Volume 62, Number 3) issue, Sugarman Rogers attorney Dylan Sanders shares his Case Focus “Grand Manor: Extending the Claims Period for Environmental Property Damage.”

An excerpt:

In a significant development under the Commonwealth’s hazardous waste cleanup law, Chapter 21E, the Supreme Judicial Court ruled that the statute of limitations for a claim of property damage under § 5 of Chapter 21E begins to run when a party learns that the property damage caused by contamination cannot be reasonably remediated. Grand Manor Condominium Association v. City of Lowell, 478 Mass. 682 (2018). This marks an extremely expansive limitations period during which such a claim can be brought. Before Grand Manor, most believed the limitations period began to run when the property owner learned of contamination and the identity of those responsible for it. Now, the running of the limitations period is only triggered when the property owner learns that the contamination will not be fully remediated.

Read the full article here, or contact Dylan Sanders ([email protected]) for more information.