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RESPONDER9, Attorney
Category: Business Law
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Hi again, do you know if the theory of continuing tort applies

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Hi again,
do you know if the theory of continuing tort applies in Massachusetts? This is a continuing violation that has happened multiple times over a span of 10 or 20 years and more and more recently and it created a situation where a lot of repair work needed to be done... I do not think the "statute of Limitations of 4 years" would apply to something that has happened continually annually?


Hello and welcome to I will attempt to answer your question. The Massachusetts statute is 3 to 6 years for construction depending upon the specific case. Courts do recognize a concept called "tolling" which may extend the period in extraordinary cases of a hidden unknown defect. Courts will expect you to bring action when you become aware of the issue and will be unlikely to extend the period unless it is proven you could not have known in time to sue. Thanks again for your question, and requesting my response. Hope all works out for you.


Please try to rate again when you get a chance as had reported glitch but no response. Thanks.

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