A lawyer for Herbert Lerman, the executor of 298 Beacon St., filed the lawsuit last week in Suffolk Superior Court. The suit seeks an unspecified amount due to the property damage and loss of income.
The massive 9-alarm Beacon Street fire trapped Boston Fire Department Lt. Ed Walsh and Firefighter Michael Kennedy in the basement, killing them. On April 4, authorities said that sparks from welding work being done in the rear of 296 Beacon St. are believed to have caused the fire.
The complaint names D & J Iron Works of Malden, its owner Giuseppe Falcone, and the owner of the neighboring building where the welding work was being performed. A message left at D & J Iron Works was not immediately returned. A number for Falcone's home was not listed.
"Lerman is informed and believes that ... D & J nor Falcone requested a permit from the city of Boston to perform the welding work," lawyers wrote in the court document.
It goes on to allege that the building owner, welding company or Falcone did not have a firefighter at the site or maintain a fire extinguisher or place a fire resistant shield to prevent ignition of combustible construction materials as required by code.
Authorities previously said that there was no permit pulled or fire detail on site during the welding work. A permit is required by law and in many cases a fire detail is required.