Massachusetts Attorney Granted Motion to Dismiss in Construction Defect Case

Lynnfield, Mass. Attorney Gregory W. Costa was granted a motion to dismiss in the Massachusetts Superior Court on behalf of our metal building manufacturer client. This case arises out of the construction of an cultivation facility in Gloucester, Mass.

Plaintiff, a cultivation facility, filed a complaint against Defendant, the general contractor Plaintiff hired to oversee a construction project at their facility after experiencing several issues with the facility’s heating, ventilation and air conditioning (HVAC) system. In addition to the HVAC issues, Defendant claimed that Plaintiff reported issues with their facility’s roof that was manufactured by our client. The Defendant requested leave of court to file a third-party complaint against our client, and filed suit alleging claims of indemnity, contribution and negligence. Greg Costa filed a motion to dismiss Defendant’s claims, arguing that the facts alleged are not sufficient, pursuant to Massachusetts Civil Procedure Rule 12, and the Court granted our motion in favor of our client.

Greg represents established businesses in all aspects of his civil litigation practice. He defends claims involving construction defects, construction liability, products liability, and commercial and complex tort litigation. He also handles general liability, professional liability and marine liability matters.