Building a new house is a huge financial investment, and discovering unexpected problems can be disappointing. You might wonder how much time you have to hold a contractor accountable for these mistakes. Learning about your state deadlines is an important first step when you try to protect your property.
The tort claim and the deadline
In Massachusetts, homeowners may recover damages arising out of design, planning or construction by filing a tort claim. In most cases, you should file this claim within three years of the day you discovered or should have discovered the defect. However, state law also sets an ultimate six-year window, known as a statute of repose, for this action. This six-year period generally begins from whichever comes first: the date the building is opened for use or the date it is substantially completed and the owner takes possession for occupancy. After this six-year window closes, you usually cannot pursue a tort lawsuit.
Breach of contract claim
If your builder failed to follow the specific promises written in your agreement, you might consider a breach of contract claim instead. However, contract claims too have their own six-year statute of limitations in Massachusetts.
What to do if you discover a construction defect
Deadlines for construction defect claims can feel like a maze, but you do not have to tackle the problem alone. An attorney experienced in construction law can review your contracts, pinpoint exact statutory limits and map out your legal options. By clarifying the differences between broken contractual promises and negligence, an attorney empowers you to take decisive action and protect your investment.
