Massachusetts Construction Defect FAQ

Answers to common questions from homeowners, buyers of new homes and condominium associations about defective construction in Massachusetts. For help with a specific project, see our construction defect lawyer page or our construction defect checklist.

What counts as a construction defect?

Any deficiency in the design, materials or workmanship of a building or improvement that causes it to fail to meet the contract, plans, building code or accepted standards of construction. Common examples include water intrusion, roof and window leaks, foundation cracks and settlement, defective decks and stairs, improper flashing, inadequate drainage, mold, and electrical, plumbing or fire safety code violations.

What is the Massachusetts statute of repose for construction defects?

G.L. c. 260, § 2B generally bars tort actions arising from deficiencies in the design, planning, construction or general administration of an improvement to real property more than six years after the earlier of the date the improvement was opened to use or the date of substantial completion and taking possession for occupancy. Unlike a statute of limitations, it runs even if the defect has not been discovered.

Does the statute of repose apply to every claim?

No. It applies to tort and tort-like claims, including Chapter 93A claims based on negligent construction, as the SJC held in Bridgwood v. A.J. Wood Construction (2018). Claims that are truly contractual, such as enforcement of an express warranty or a contractual indemnity provision, may not be barred, as the SJC held in Trustees of Boston University v. Clough, Harbour & Associates LLP (2025). Which category a claim falls into is often contested.

What are the statutes of limitations?

Generally three years for tort claims, four years for Chapter 93A claims and six years for contract claims, usually measured from when the owner knew or reasonably should have known of the harm and its likely cause. The six-year statute of repose can cut these periods short.

Who can be held responsible for defective construction?

Depending on the facts, general contractors, subcontractors, home improvement contractors, developers and builder-vendors, architects, engineers, manufacturers of defective products, and in some cases inspectors or sellers who concealed known defects. Their liability insurers and any performance bond sureties may also be involved.

Do I have a warranty on a new home?

Massachusetts recognizes an implied warranty of habitability for buyers of new homes from builder-vendors. Under Albrecht v. Clifford, 436 Mass. 706 (2002), it covers latent defects that existed at the time of sale, were caused by the builder, and make the home unfit for habitation. A general disclaimer in the purchase agreement does not waive it. Many builders also give express written warranties with their own notice requirements.

What is the Home Improvement Contractor law?

G.L. c. 142A regulates residential home improvement contractors. Most must register with the Office of Consumer Affairs and Business Regulation, and projects over $1,000 require a written contract with the scope of work, price, payment schedule and start and completion dates. A violation of Chapter 142A is also a violation of Chapter 93A.

What is the Home Improvement Contractor arbitration program and Guaranty Fund?

If a registered contractor’s work is defective, a homeowner may be able to use the state arbitration program rather than going to court, and may seek reimbursement from the Guaranty Fund if a judgment or award against a registered contractor is not paid. Both have dollar limits, which state guidance has described as generally capped at $10,000, so larger claims are usually pursued in court.

Can a condominium association sue the developer?

Generally yes, for defects in the common areas. In Berish v. Bornstein (2002), the SJC allowed an association to pursue an implied warranty of habitability claim for latent common-area defects that affect the habitability of units, and in Trustees of Cambridge Point Condominium Trust v. Cambridge Point, LLC (2018), it struck a developer bylaw that made suing the developer practically impossible.

When does the repose period start in a multi-building condominium?

Building by building. In D’Allessandro v. Lennar Hingham Holdings, LLC (SJC 2020), the court held that each building is a separate improvement, so the six-year period for its common areas starts when that building is opened to use or substantially completed and occupied. An improvement that serves several buildings starts its own period when it is completed and open to use.

Should I withhold payment from my contractor?

Be careful. Withholding payment can put you in breach of the contract and invite a mechanic’s lien or a lawsuit. Review the contract’s payment, notice and dispute provisions and get advice before withholding any payment.

Can I fix the defect before suing?

Often yes, especially to prevent further damage, but first document the condition thoroughly with photos, video and an expert’s inspection, give the responsible parties notice and an opportunity to inspect where appropriate, and keep removed materials if they may be evidence.

Does insurance cover construction defects?

Sometimes. A contractor’s commercial general liability policy may cover property damage caused by defective work, but often excludes the cost of fixing the faulty work itself. A homeowner’s or association’s own property policy may also respond to sudden water damage. Notify all potentially responsible insurers promptly.

What damages can I recover?

Typically the reasonable cost to repair the defects and resulting damage, or in some cases the diminution in value, plus related losses such as loss of use and temporary housing. Chapter 93A can allow double or treble damages and attorneys’ fees for willful or knowing violations.

Key Authorities

• G.L. c. 260, § 2B (statute of repose); G.L. c. 260, §§ 2, 2A and 5A (limitations periods)
• G.L. c. 142A (Home Improvement Contractors) and G.L. c. 93A (Consumer Protection Act)
• Albrecht v. Clifford, 436 Mass. 706 (2002); Berish v. Bornstein, 437 Mass. 252 (2002)
• Trustees of Cambridge Point Condominium Trust v. Cambridge Point, LLC, 478 Mass. 697 (2018)
• Bridgwood v. A.J. Wood Construction, Inc. (SJC 2018); D’Allessandro v. Lennar Hingham Holdings, LLC (SJC 2020); Trustees of Boston University v. Clough, Harbour & Associates LLP (SJC 2025)

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.