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KLEIN v. CATALANO

386 Mass. 701 (1982)

437 N.E.2d 514

GARY KLEIN vs. EDUARDO F. CATALANO & another.

Supreme Judicial Court of Massachusetts, Middlesex.

July 7, 1982.

Attorney(s) appearing for the Case

Ileene M. Lieberman for the plaintiff.

Cynthia J. Cohen (Robert M. Hacking with her) for the defendants.

Thomas J. Wynn & Edward J. Smith, for Massachusetts Bar Association, amicus curiae, submitted a brief.

Carl M. Sapers & Robert G. Dreher, for Massachusetts State Association of Architects, amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., WILKINS, ABRAMS, NOLAN, & O'CONNOR, JJ.

ABRAMS, J.

This case raises the issue of the application and constitutionality of G.L.c. 260, § 2B,2 a statute that places a time limit on the liability of architects and contractors. General Laws c. 260, § 2B, is not a statute of limitations but a statute of repose. A statute of limitations normally governs the time within which legal proceedings must be commenced after the cause of action accrues. See, e.g., Franklin

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