Massachusetts Partners Obtain Jury Verdict Against Structural Defect and Building Code Violation Claims

Boston-area Partners Nora R. Adukonis and Gayatri R. Deodhar, along with co-counsel, prevailed on behalf of our client, a modular building installer, in a nearly month-long jury trial in Essex County Superior Court.

In 2016, our client installed modular classrooms on the second floor of a school building in Saugus, Massachusetts. When both our client and the building manufacturer sought to recover delinquent balances, the property owner asserted counterclaims. While these counterclaims were initially restricted to various “fit and finish” issues, the property owner later amended their counterclaim to allege serious building code violations and structural defects.

Before trial commenced, attorneys Adukonis and Deodhar filed motions in limine to preclude testimony from the property owner’s structural engineer and “damages expert,” and to preclude the property owner from advancing the theory that our client was a “general contractor” rather than an “installer.” As a result of these motions, unreliable and speculative testimony concerning “responsibility” for structural calculations and code compliance did not reach the jury; additionally, the “damages” expert was precluded from testifying concerning approximately half of his anticipated scope, significantly reducing the figures presented to the jury.

After the lengthy trial, featuring a dozen witnesses and three experts, a 15-person jury deliberated only three hours before returning a defense verdict on each count of the property owner’s counterclaims, and also found for our client as to their affirmative claim for breach of contract.

Nora primarily practices in the areas of construction, premises liability, products liability and employment liability, and defends contractors, manufacturers, tradesmen and distributors in actions alleging property damage or injuries from fires, floods, defective products or chemical exposure.

Gayatri advises clients in civil litigation matters including construction, premises liability, personal injury and products liability cases, and against employment and professional liability claims.