When a significant storm, fire, or flood strikes in Massachusetts, the main priority is safety. Once family and pets are safe and emergency responders have been contacted, the homeowner will face a fast-moving set of legal and practical steps, dealing with insurance, hiring contractors, documenting property damage, and protecting against lien and payment disputes. Below is a Massachusetts focused roadmap to help an affected homeowner to protect their property and legal position after a disastrous flood.
Prioritize safety, preserve evidence
Make sure everybody is safe and then, as soon as you, can safely access the affected property:
- Take dated video and photos of all the damage, including close ups and wide shots.
- Compile an inventory of all the damaged items and make a note of serial numbers where possible.
- Keep the damaged items until the adjuster has conducted an inspection but do take pictures first.
- Save receipts for the expenses you have incurred while protecting the property, such as boarding up the property, adding tarps, setting up pumps and any emergency accommodation stays.
Documenting damage carefully is required evidence for insurance claims or later legal disputes. The Massachusetts emergency insurance guidance tells policyholders that they must document damage and take steps to prevent any further loss while waiting for the adjuster to conduct an assessment.
Notify your insurer quickly, but choose your words carefully
Call your insurer as soon as possible to report the loss and begin a claim. You should record the date and time of your call and the full name of the claims’ representative. Most insurers will allow you to begin your claim online, but a phone call creates an immediate record.
An important wording tip is that a standard homeowner policy often covers wind and rain-related water damage but fails to cover flood damage caused by surface water, a storm surge, or an overflowing river unless you have taken out separate flood insurance through the NFIP or you have a private flood policy. Therefore, using the word “flood” too early could unintentionally make a claim more complicated. If you do not know the source, you should report “water damage” and allow the professionals to determine the cause.
Protect the property, but don’t make any permanent repairs before inspection
You should go ahead and implement any useful temporary measures which will prevent the occurrence of further damage such as fitting tarps over holes, pumping out surplus water and shutting off utilities if safe to do so. All receipts should be kept for the work and materials purchased. The state advice is that policyholders should aim to prevent further damage but avoid permanent repairs until the insurer has arrived and inspected the loss.
Understanding how flood cover is different from homeowner cover
If the flooding that occurred was outside the property and it was this that caused the damage, that is likely to fall under separate flood insurance. If you don’t have this flood insurance, federal disaster assistance could be available after a presidential disaster declaration has been announced, but unfortunately federal aid is usually limited and may be just a loan rather than a grant. Check the status of disaster declarations and your flood policy terms quickly. The Massachusetts Division of Insurance and FEMA/NFIP resources can help to clarify coverage.
Hiring a contractor after a storm means vetting them carefully
After a storm there’s normally a sudden surge in interest from contractors. It’s important to hire carefully:
- Get no less than three written quotes which describe the scope, materials required, timeframe, payment schedule, and the contractor’s warranty.
- Request references, evidence of contractor’s insurance, and a local business address.
- Do not pay the contract price upfront but use staged payments linked to milestones
Acting cautiously lowers the risk of shoddy repairs, scams, and disputes at a later date.
Deadlines you need to know in Massachusetts
Massachusetts law has strict deadlines for contractors to record notices and liens. For example, a “Notice of Contract” that perfects certain lien rights in general must be filed within a narrow time window normally within 90 days after work has stopped. Because the statutes are technical and strictly enforced, missing a deadline could mean a creditor cannot later claim a lien, but it also means a homeowner could be surprised if they didn’t know a lien was filed. If you receive a Notice of Contract or Claim of Lien, consult an attorney immediately.
Disputes over scope, price, or workmanship
If workmanship is poor, or a contractor claims additional money, keep all records, including emails, texts, invoices and photos. Try to solve any disputes in writing. If your contractor threatens a lien or files one, you will often have only a short statutory window to respond which includes requesting court relief or posting a bond to dissolve a lien. Massachusetts law provides statutory procedures for challenging or discharging liens; timely legal help is essential.
Consider a public adjuster or an attorney for a large or denied claim
A public adjuster can help to maximize an insurance recovery, but they do charge a fee which is based on a percentage. For a dispute with an insurer over a denied or undervalued claim, you should discuss the matter with an experienced insurance or construction attorney for large losses, suspicion of bad-faith handling, or a threat of liens/foreclosure.
Get legal help early and keep good records
Save all copies of communications, photos, estimates for repairs, invoices, insurer correspondence, and any notices filed with the Registry of Deeds. If a dispute appears to escalate, whether it is due to the insurer or a contractor requesting payment or filing a lien, a lawyer who has experience in Massachusetts insurance, property, or construction law can advise on the next steps to take.
If you have received a Notice of Contract or a Claim of Lien, or if your insurer has denied your claim contact a Massachusetts attorney immediately.