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Construction Defect Checklist for Homeowners and Condominium Associations

What to do when you discover defective construction in a Massachusetts home, condominium or building. Acting quickly protects evidence and preserves claims before the six-year statute of repose runs. For background, see our construction defect FAQ. Contractors and owners in payment disputes should also see our construction dispute checklist.

1. Calculate Your Deadlines

  • Identify when the work was substantially completed and when the building or improvement was opened to use or occupied. The six-year statute of repose generally runs from the earlier of those dates.
  • Note when the defect was first noticed and by whom. Limitations periods usually run from discovery.
  • For condominiums, determine the completion date for each building separately, and for shared improvements such as roads, drainage or clubhouses.
  • Check the contract and any warranty for notice deadlines, dispute resolution steps and arbitration clauses.

2. Document the Defect

  • Take dated photos and video of every affected area, including wide shots and close-ups.
  • Keep a written log of leaks, cracks, failures and repairs, with dates and weather conditions.
  • Save damaged materials removed during emergency repairs, labeled and stored safely.
  • Collect statements or emails from other owners or occupants who saw the problem.

3. Gather Project Records

  • Contracts, change orders, plans, specifications and proposals.
  • Building permits, inspection reports, certificates of occupancy and code compliance documents.
  • Invoices, payment records and lien waivers.
  • Warranties for the work and for installed products, such as roofing, windows and siding.
  • Contractor registration, construction supervisor license and insurance certificates.
  • For condominiums, the master deed, declaration of trust, bylaws, developer turnover documents and any prior reserve or engineering studies.

4. Get a Professional Assessment

  • Retain a qualified engineer, architect or building envelope consultant to identify causes and repair scope.
  • Ask for written findings that separate the original defect from resulting damage.
  • Get repair estimates from independent contractors.

5. Give Notice

  • Notify the contractor, developer or builder in writing, describing the defects and requesting correction.
  • Follow any notice and cure procedure in the contract or warranty.
  • Offer the responsible parties a chance to inspect before destructive repairs, where practical.
  • For Chapter 93A consumer claims, a written demand for relief must generally be sent at least 30 days before suit.

6. Notify Insurers

  • Notify your own homeowner’s or association property insurer of any sudden water or other damage.
  • Request the contractor’s liability insurance information and put the carrier on notice.
  • Check for performance bonds on larger projects.

7. Protect the Property Without Losing Evidence

  • Make emergency repairs to stop ongoing damage, after documenting conditions.
  • Do not discard removed materials or allow evidence to be destroyed.
  • Keep receipts for all emergency repairs, temporary housing and related costs.

8. Condominium Associations: Additional Steps

  • Review bylaws for any vote, notice or funding requirements before litigation, and get advice on whether they are enforceable.
  • Inform unit owners about the investigation and the plan for repairs and funding.
  • Separate common-area defects, which the trustees typically pursue, from unit-specific issues.
  • Coordinate reserve funds, special assessments and any financing for repairs.

9. Evaluate Your Options

  • Negotiated repair or payment by the contractor or developer.
  • The state Home Improvement Contractor arbitration program for smaller claims against registered contractors.
  • Mediation, arbitration under the contract, or a lawsuit in court.
  • Get legal advice before signing any release or accepting partial repairs.

Found defects in your home, condominium or building? Contact Muggeo & Associates or call (978) 741-1177. Deadlines in defect cases can expire before the problem is discovered, so early advice matters. Our Salem office serves owners across the North Shore and Massachusetts.

This page is general information, not legal advice. Deadlines and remedies depend on the contract, the type of claim, the parties and the facts. Contacting the firm does not create an attorney-client relationship. Prior results do not guarantee future outcomes. Last reviewed November 2026.