Skip to main content

New/Rebuilt construction warranty and repair

I need to know what the law says about consumer protection for my home. The home burned down last year (2010) and has been rebuilt from the foundation up. We got the certificate allowing us to move back in on March 23rd of this year. I know the law used to say that there is a 1 year warranty on new construction (I looked it up myself). Does this law still exist, and does it apply to the newly rebuilt home? Also, if it's still on the books, where can I find an electronic copy of it, please? Thank You. I haven't had a problem with the building contractor yet but we just sent him the final payment for the construction and now something has broken down, so I'm just preparing myself in case he balks at getting the problem fixed.

Construction warranties in MA

I don't know of any statutory law that creates an express warranty for construction in Massachusetts.  What we have is a body of common law (case law decided by courts) in which courts enforce express warranties and implied warranties.  For example, in Albrecht v. Clifford (436 Mass. 706), the Supreme Judicial Court of Massachusetts held that a purchaser of a home can establish a breach of an implied warranty habitability if he can show that: "(1) he purchased a new house from the defendant-builder-vendor; (2) the house contained a latent defect; (3) the defect manifested itself only after its purchase; (4) the defect was caused by the builder's improper design, material, or workmanship; and (5) the defect created a substantial question of safety or made the house unfit for human habitation. In addition, the claim must be brought within the three-year statute of limitations and the six-year statute of repose set forth in G. L. c. 260, § 2B"

To determine what, if any, express warranty your contractor provided, you must examine the terms of your contract with the builder. An express warranty on labor and workmanship for one year (or more) from the date of substantial completion is commonly inserted into construction and home improvement contracts.  You can also pursue a claim against a contractor under a breach of contract theory.   If things do not go well with your contractor, follow this link for information about disputes with contractors in Massachusetts. Good luck with the new home.

 

Talk to a Consumer Lawyer Today
Most offer FREE Consultations