M&P Secures Dismissal of 93A Claim; Appeals Court Affirms

An owner of a condominium unit brought suit against a number of defendants, one of them represented by Melick & Porter, claiming that the defendants’ work on the condominium building caused her to suffer personal injuries and property damage. The owner also claimed that the defendants violated the Massachusetts Consumer Protection Act, Chapter 93A. After hearing arguments on the issue, the Superior Court dismissed the Chapter 93A claim. The Appeals Court affirmed that dismissal, stating that the owner failed to allege any business relationship with the defendants as the defendants were retained by the condominium association, not the individual owner, and were hired to perform work on the building as a whole. Matt Welnicki defended the matter for the firm’s client and also argued on behalf of all the defendants before the Appeals Court.