A construction project, whether it is commercial or residential, involves a significant investment of money, time and trust. A property owner chooses to hire a contractor with the expectation that the work requested will be done well, by any set deadlines as well as following all safety and legal standards. Unfortunately, not all construction projects go as planned. For example, when a contractor happens to make a mistake, whether this is as a result of negligence, due to incompetency, or just plain misconduct costly delays can be the result. In Massachusetts, a property owner has several legal options that could be followed in order to seek justice and get financial compensation for a construction mistake.
Common types of contractor mistakes
Before exploring the legal options, it’s important to be aware of what is considered to be a construction mistake. The most common contractor mistakes in Massachusetts are:
- use of poor quality or wrong materials;
- a project delay and even abandonment;
- poor workmanship, such as installing an uneven floor, faulty wiring or a leaking roof;
- inspection failures;
- not following a blueprint or project specification;
- a code violation.
Some of these contractor mistakes could render a building unusable or unsafe.
Identify and record the issue
The main step in any legal claim is the provision of thorough documentation. A Massachusetts court will ask you to provide in depth evidence of the problem and an explanation of what the contractor’s role was in causing it. Documents should include the following:
- a written timeline of the events, including the dates the work was completed and when the problems first appeared;
- emails, contracts, invoices and any text communication with the contractor in question;
- inspection reports or experts’ evaluations from a licensed inspector or a structural engineer;
- photographs or video footage of the construction defect.
Reviewing the contract
The contract linked to the construction work is your main source of legal protection. It should include the following:
- the type of work;
- the project timeline;
- the payment terms;
- the dispute resolution procedure;
- any guarantees or warranties.
Massachusetts courts will look closely at any written agreement drawn up between the parties. If the contractor did not do the duties outlined in the contract, you could have a breach of contract claim.
You should also check to see if your contract has an arbitration clause. This may require that any disputes can only be resolved out of court.
Trying out an informal resolution
Before going to court, it is a good idea to attempt an informal resolution. This means contacting the contractor and expressing your concern in writing. Offer the contractor a reasonable deadline for the problem to be fixed.
Massachusetts law seeks to encourage parties to try a good faith resolution before the legal system becomes involved. Sometimes contractors are only too willing to correct their mistakes so that they can keep their resolution intact while avoiding litigation
Submit a complaint to the Massachusetts Office of Consumer Affairs
If the contractor does not want to fix the problem, a Massachusetts homeowner can submit a complaint to the Office of Consumer Affairs and Business Regulation (OCABR) or the Division of Professional Licensure (DPL) that is if the contractor is licensed through the particular state.
These organizations scrutinize a consumer complaint and might be prepared to take disciplinary action against a licensed professional. This may not end up with an offer of compensation but it can exert pressure on a contractor to reach a settlement for the dispute.
Exploring legal claims
f an informal method fails there a few legal options available which are:
Breach of contract
This is the commonest legal claim if the contractor does not perform to the standard required fails to complete the project, or violates the contract’s terms you may be able to sue for damages which could include:
- the costs associated with the hiring of a new contractor;
- the diminished value of the property;
- costs associated with a delay.
Negligence
You might be able to sue for negligence if the contractor breached duty of care and harm took place. For example, the presence of a faulty electrical wire that caused a fire hazard may be sufficient support a claim for negligence, even if the exact standard wasn’t spelled out in the first place.
In Massachusetts, in order to win a negligence claim you must show the following:
- a duty of care was owed to you by the contractor;
- the contractor breached the duty;
- the breach brought about harm;
- you were the victim of measurable damages.
Breach of a warranty
Massachusetts law does recognize in construction implied warranties. One of these warranties is the “implied warranty of habitability”, which is applicable to a new home construction which makes sure the structure is livable and safe. If the new home has many structural defects, you should be able to sue the builder even if there is no written warranty present.
Consumer protection law (Chapter 93A)
Chapter 93A is Massachusetts’ powerful consumer protection law which does not permit “unfair or deceptive practices.” If the contractor misrepresented its qualifications, or overcharged you, or failed to deliver your request, you may be able to file a claim under Chapter 93A.
A 93A claim that’s successful may mean you are eligible for the following;
- attorney costs;
- court costs;
- double or even triple damages.
Before a 93A lawsuit is filed you are required to send your contractor a thirty day demand letter describing your claim and the relief that you are seeking,
Mechanic’s defense lien
If the contractor submits a mechanic’s lien against your property for any unpaid work, but you have proof the work was full of defects, you should be able to go to court to dispute the lien. Massachusetts laws demand that all contractors adhere to strict processes to enforce the liens, and a court often invalidates them if the work was deemed as substandard or was incomplete.
Small claims or Superior Court
If the damages you are seeking are below $7,000, you might be eligible to submit a small claims case in a Massachusetts District Court. This is normally quicker and much more cost-effective than filing in the Superior Court.
For big or more complicated claims, particularly those which involve any structural defects or it’s a case of serious negligence, hiring a construction attorney and filing a claim in the Superior Court may be the best action to take.
The statute of limitations in the state of Massachusetts, for the majority of construction claims, is:
- for a Chapter 93A consumer claim it’s 6 years;
- for a breach of contract it’s 6 years;
- for a case of negligence it’s 3 years.
The clock begins to tick once you have discovered the problem. Don’t delay too long as this may stop you from filing a claim.
For more information, visit our website or contact us for a free initial legal consultation today