8-14-2026 James Brennan obtained a summary judgment decision in favor of a roofing subcontractor sued for alleged negligence in connection with the construction of a multi-million-dollar, waterfront, residential construction project in Duxbury, Massachusetts. The case involved claims of defective construction against numerous contractors and subcontractors including Brennan’s client, Alt Construction Co., Inc. whose narrow scope of work involved performing limited, rubber roof installation over and in front of the peaks of the main house. In dismissing the case against Brennan’s client, the court concluded that none of the disclosed expert opinions identified the rubber roof and shingle installation on the peaks as unworkmanlike or the source of water infiltration. General statements in the expert reports about problems with the roof or roof edges, without more, were insufficient to permit a reasonable inference that Alt Construction’s work was implicated and, therefore, there was no viable claim for negligence or for contribution among joint tortfeasors under M.G.L.c. 231B. Furthermore, the claimant was unable to establish any entitlement to contractual indemnification because M.G.L.c. 149 §29C prohibits indemnification unless the contractor from whom indemnity was sought was negligent. Greene v. Archia, Inc. et al. v. ML Riley Construction et al. v. Vilex et al, (Plymouth Superior Court, C.A. No.: 2483 CV 00419) (Glenny, J.).
