Contractor Fails to Persuade Court that Rain Damage Was 'Act of God'

BOSTON - The Massachusetts Court of Appeals on June 25 declined to overturn a verdict for homeowners who sued a contractor for water damage to their home and a judgment that included the cost of construction upgrades to comply with current building codes. OneBeacon Insurance Group, et al. v. RSC Corp., No. 06-P-953 (Mass. Ct. App.).

The court rejected RSC Corp.'s contention that the homeowners were gaining a windfall because of the upgrades, saying the recovery did not violate the principle that repairs must be "reasonably necessary in light of the damage inflicted..." (Trinity Church v. John Hancock Mutual Life …