Regarding the unit owners» Chapter 21E, Section 5
property damage claims, the SJC ruled that the plaintiffs» claims were not time barred because they could not have known that they sustained permanent
property damage until the Massachusetts Contingency Plan (MCP) mandated
Phase II / III environmental report was submitted to MassDEP by the city in June of 2012.
It typically covers claims for
damage to the project itself as well as claims for bodily injury and
property damage that arise during both the design and the construction
phase.