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Construction law

defects

A construction defect is generally a deficiency in the design or construction of a building due to the failure to design or construct the building in a reasonably workmanlike manner (the minimally acceptable industry standard), or according to the owner’s reasonable expectation.

In Massachusetts, a construction defect is considered a deficiency in the design or construction of a building that does not meet the reasonable workmanship standards expected in the industry or fails to align with the owner's reasonable expectations. The state follows the 'statute of repose,' which limits the time period during which a property owner can bring a lawsuit for a construction defect. Under Massachusetts General Laws Chapter 260, Section 2B, legal action must be taken within six years of the earlier of the date of occupancy, the date of the act or omission complained of, or the date of substantial completion of the work. This statute of repose applies to claims of negligence, breach of contract, or warranty claims related to the design, planning, construction, or general administration of an improvement to real property. If a construction defect is discovered, it is advisable for the property owner to consult with an attorney to understand their rights and the appropriate legal remedies available under Massachusetts law.

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Construction law

defects

Individual & Family Legal Plan

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Massachusetts State Code

Massachusetts State Code

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Construction law

defects