
In a civil action brought by a plaintiff homeowner against a construction company and its president (defendants), alleging violations of G. Ī breach of contract claim brought by a plaintiff homeowner against a construction company (defendant), seeking damages arising out of the construction of a home, was not barred by an express merger provision contained in the purchase and sale agreement between the defendant and the plaintiff, where the merger provision, read in context, applied only to claims of defects in title and not in construction. 260, § 2A, where the record showed unequivocally that the plaintiff failed to commence the action until well more than three years after he was on notice of the alleged misrepresentations. c.260, § 2B, which requires commencement of such a claim within six years from the time the construction was substantially completed further, the plaintiff's misrepresentation claim was barred by the general three-year statute of limitations for commencement of tort actions contained in G.

Consumer Protection Act, Unfair act or practice.Ī negligence claim brought by a plaintiff homeowner against a construction company and its president, seeking damages arising out of the construction of a home in the 1970s, was barred by the statute of repose contained in Sale, Purchase and sale agreement, Deed, Merger. Negligence, Building contractor, Statute of repose. 147 FebruOctoCourt Below: Superior Court, Norfolk Present: RAPOZA, C.J., MCHUGH, & GRAHAM, JJ. Malle died in 1995, shortly after directing his final film, the typically experimental Vanya on 42nd Street.KELLEY vs.

Perhaps not as well-known is his parallel career as a master of the nonfiction form-one of his many documentary achievements was the seven-part Phantom India, which would be a stunning career centerpiece for anyone else for this director, it was simply a fascinating side project. He is probably best known, though, for his deeply personal films about the terrors and confusions of childhood, such as Murmur of the Heart and Au revoir les enfants. Malle had an intellectually curious nature that led him to approach film from a variety of angles he was as comfortable making minimalist works like the wordless Humain trop humain and the talky André as phantasmagorical ones like Black Moon.

This most unpredictable and eclectic of filmmakers enriched cinema over a nearly forty-year career that took him from Jacques Cousteau’s watery depths (his first film was the Cousteau-codirected Oscar winner The Silent World) to the peripheries of the French New Wave ( Zazie dans le métro, The Fire Within) to the vanguard of American moviemaking ( My Dinner with André). Crime dramas, comedies, romances, tragedies, fantasies, documentaries, and, of course, coming-of-age stories-director Louis Malle did it all.
