While you might expect to hold a builder liable for harms arising out of structural failures or design flaws any time you want, Massachusetts laws create strict time limits on such tort claims. Knowing these deadlines is key for protecting assets and managing future litigation costs.
The six-year statute of repose for construction tort claims
Massachusetts law sets a firm six-year cutoff for filing tort lawsuits related to real property work. This window of statute of repose begins when owners open the project for use or workers substantially complete the job and the owner takes possession, whichever happens first. If you find a major issue in year seven, you may not be able to file a tort claim against the original builder. This firm bar provides builders with peace of mind and encourages owners to stay alert during the early years of use.
How the statute of repose and statute of limitations compare
In construction law, most people confuse statute of limitations with statute of repose or vice versa. While both represent a window before which a tort claim must be filed, there is a slight difference. A statute of limitations typically begins when a property owner discovers – or reasonably should have discovered – a defect or suffers actual harm. Meanwhile, a statute of repose begins at project completion regardless of when damage appears. Additionally, the statute of limitations provides a 3-year window for tort claims, while the statute of repose provides a 6-year window. While a three-year discovery window may close early, whichever deadline arrives first controls.
What these deadlines mean for your construction claim
Managing construction litigation involves a practical way to balance repair costs against legal wins for tort-based damages. Speaking with an attorney experienced in construction law can help clarify legal options for your case.
