Massachusetts Supreme Court Revives Boston University Lawsuit on Faulty Athletic Field Design

In a significant decision, the Massachusetts Supreme Judicial Court has reinstated Boston University’s lawsuit against engineering firm Clough, Harbour & Associates regarding allegations of a faulty athletic field design. According to the court’s opinion, authored by Associate Justice Dalila Argaez Wendlandt, the dispute is viewed as a contractual claim rather than a negligent tort claim. Consequently, the state’s tort statute of repose—which bars tort claims six years post-construction—does not prevent Boston University from pursuing over $25,000 in repair costs. The court determined that the negligence standard of care was mutually incorporated into the contract with an indemnification provision, rendering the engineering firm’s statute of repose defense inapplicable.