Massachusetts Supreme Judicial Court

In this case, Stephen Schultz represented the condominium association for the Cotuit Bay Condominiums, which sued the developer of the condominium project, relating to defective construction of the condominium. Attorney Schultz took over the case after it had been unsuccessfully litigated without a resolution for 14 years.   Attorney Schultz successfully appealed to the Massachusetts Supreme Judicial Court and overturned the dismissal of plaintiffs’ contract and breach of implied warranty claims. As the result of his efforts, the Supreme Judicial Court declared that an implied warranty of habitability attaches to all new residential construction in the Commonwealth. On remand, he successfully obtained a judgment for over $2.4 million.