MELROSE HOUSING AUTHORITY
vs.
NEW HAMPSHIRE INSURANCE COMPANY.
Supreme Judicial Court of Massachusetts, Middlesex.https://leagle.com/images/logo.png
December 8, 1987.
March 28, 1988.
Attorney(s) appearing for the Case
Terrance J. Hamilton (Stephen M. Perry with him) for the defendant.
Jerry E. Benezra (Gerald J. Cook & Robert B. Smith with him) for the plaintiff.
David S. Rosenthal, Special Assistant Attorney General, & James A. Kobe, for Massachusetts Executive Office of Communities and Development, amicus curiae, submitted a brief.
Carl M. Sapers, Christopher L. Noble & Anne E. Taubes Warner, for Massachusetts State Association of Architects, amicus curiae, submitted a brief.
M. Frederick Pritzker, Elizabeth A. Ritvo, Paul R. Devin, & R. Alan Fryer, for Cosmopolitan Construction Co., Inc., & another, amici curiae, submitted a brief.
Supreme Judicial Court of Massachusetts, Middlesex.
LYNCH, J.
On June 9, 1981, the Melrose Housing Authority (Melrose) sued Varrasso Brothers, Inc. (Varrasso),2 and its surety, New Hampshire Insurance Company (New Hampshire), to recover the costs of removing and reconstructing the face brick wall on one of Melrose's buildings after the wall began buckling and cracking approximately seven years after construction.
Melrose alleged in its complaint that, in 1969, it entered into a...
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