Civil Litigation

We have an experienced litigation team with a solid record of successful outcomes in representing condominium associations, homeowner associations, time share and resort communities and real estate developers in civil litigation of all kinds, in federal and state trial courts and specialized Courts such as the Land Court in Massachusetts, New Hampshire and Rhode Island.

Our litigators will use their specialized knowledge of condominium and real estate law to attempt to create leverage designed both to position the case for early resolution and increase the opportunity for a successful trial outcome.  We have initiated or defended actions for our condominium clients in cases ranging from rules enforcement, document interpretation, homeowner disputes, property damage claims, housing discrimination claims, construction defect claims, contract disputes, premises liability claims and phasing and development rights claims.  Many of the seminal condominium cases in Massachusetts on these topics have been prosecuted and defended by our litigation team.  We have also been retained with increasing frequency to represent condominium associations in insurance-related disputes, a burgeoning litigation area in which our attorneys have considerable experience.  The Firm also serves as panel counsel for several insurance companies, which allows us provide our condominium clients with continuity of representation in complex condominium related matters.

In addition to the condominium litigation for which the firm is known, we also work extensively on a broad range of real estate and development issues that are a natural extension of our condominium practice, including landowner rights, zoning and land use issues, environmental claims, easement rights and view and air rights, among others.

Because of the firm’s reputation as a specialist in condominium law, our attorneys are often consulted by other attorneys and recruited by the Community Associations Institute and other organizations to provide input and participate in litigation with national implications for the condominium community.  In one significant example, Thomas Moriarty, the head of the Firm’s litigation practice group, submitted an amicus brief on behalf of the Community Association Institute in Berish v. Bornstein, a landmark Massachusetts case holding that the implied warranty of habitability protecting single family home purchasers also applies in to condominiums.