Massachusetts Construction Defect Lawyer

Leaking roofs and windows, failed foundations, defective decks, water intrusion, code violations and poor workmanship can cost homeowners and condominium associations far more than the original project. Muggeo & Associates represents homeowners, buyers of newly built homes, condominium associations and commercial property owners in construction defect claims against contractors, subcontractors, developers, designers and their insurers. For payment disputes and mechanic’s liens, see our construction litigation page.

Construction Defect Claims We Handle

Home improvement and renovation defects, including additions, kitchens, baths, roofing, siding, windows, decks and basement work.
New home defects against builders and developers, including implied warranty of habitability claims.
Condominium common-area defects on behalf of associations and trustees, including building envelope, roofing, water intrusion, structural, fire safety and drainage problems.
Water intrusion and mold caused by flashing, drainage, waterproofing or ventilation failures.
Building code and permit violations, including unpermitted work.
Design defects involving architects and engineers.
Unfinished or abandoned projects and contractors who take deposits without performing.
Commercial building defects for property owners and businesses.

Legal Theories in Massachusetts Defect Cases

Breach of contract and express warranty under the construction contract and any written warranty.
Negligence in construction, supervision or design.
Implied warranty of habitability for buyers of new homes from builder-vendors, recognized in Albrecht v. Clifford, 436 Mass. 706 (2002), and extended to latent common-area defects that affect habitability of condominium units in Berish v. Bornstein, 437 Mass. 252 (2002).
Home Improvement Contractor law, G.L. c. 142A, which regulates residential home improvement contractors. A violation of Chapter 142A is also a violation of the Consumer Protection Act, G.L. c. 93A.
Chapter 93A claims for unfair or deceptive acts, which can allow multiple damages and attorneys’ fees in some cases. Consumer claims generally require a 30-day written demand before suit.
Claims against insurers and bonds, including contractors’ liability policies and performance bonds.

Deadlines: Act Before the Statute of Repose Runs

Construction defect cases often turn on timing. Several deadlines can apply to the same project:

Statute of repose: Under G.L. c. 260, § 2B, tort-based claims arising from the design or construction of an improvement to real property generally must be filed within six years after the earlier of the date the improvement was opened to use, or the date it was substantially completed and taken into possession for occupancy. It applies even if the defect has not been discovered.
Chapter 93A claims: In Bridgwood v. A.J. Wood Construction, Inc. (SJC 2018), the court held that a tort-like Chapter 93A claim based on Chapter 142A violations is subject to the same six-year repose period.
Contract-based claims: Claims that are truly contractual, such as enforcement of an express warranty or an indemnity provision, may fall outside the statute of repose. In Trustees of Boston University v. Clough, Harbour & Associates LLP (SJC 2025), the court held that a contractual indemnification claim was not barred by the repose statute.
Multi-building condominiums: In D’Allessandro v. Lennar Hingham Holdings, LLC (SJC 2020), the court held that each building in a multi-building condominium is a separate improvement, so the repose period for its common areas runs from that building’s own completion.
Statutes of limitations: Tort claims generally have three years, contract claims six years, and Chapter 93A claims four years, usually measured from when the owner knew or should have known of the problem.

Condominium Association Defect Claims

Condominium trustees generally have authority to pursue claims for defects in the common areas on behalf of the association. Developers sometimes draft bylaws that require unit-owner votes or special assessments before trustees can sue. In Trustees of Cambridge Point Condominium Trust v. Cambridge Point, LLC, 478 Mass. 697 (2018), the Supreme Judicial Court held that a bylaw making it practically impossible for trustees to sue the developer over common-area defects was void as against public policy. Associations should review their governing documents, plan funding for investigation and repairs, and act well before the repose period expires for each building. We also represent associations in condominium lien and common charge collections.

Home Improvement Contractor Claims

Most residential home improvement contractors must be registered with the Office of Consumer Affairs and Business Regulation, and work over $1,000 requires a written contract that includes the scope of work, price, payment schedule and start and completion dates. When a registered contractor’s work is defective, homeowners may be able to use the state Home Improvement Contractor program arbitration process, and may be eligible for reimbursement from the Guaranty Fund if a judgment or award goes unpaid. Larger claims, claims against unregistered contractors and claims involving multiple parties often belong in court.

Construction Defect Resources

Serving Salem and the North Shore

We represent owners and associations with construction defect claims in Salem, Peabody, Beverly, Marblehead, Swampscott, Danvers, Lynn, Lynnfield, Newburyport and throughout Massachusetts. See all areas we serve.

Frequently Asked Questions

How long do I have to sue for construction defects in Massachusetts?

Several deadlines can apply at once. Tort claims generally must be filed within three years after the owner knew or should have known of the defect, contract claims within six years, and Chapter 93A claims within four years. Overriding these, the six-year statute of repose in G.L. c. 260, § 2B generally bars tort-based claims more than six years after the improvement was opened to use or substantially completed and occupied, even if the defect was not yet discovered.

Does the statute of repose apply to Chapter 93A claims?

Yes, when the claim is tort-like. In Bridgwood v. A.J. Wood Construction (SJC 2018), the Supreme Judicial Court held that a Chapter 93A claim based on a home improvement contractor’s violation of the building code and Chapter 142A was subject to the six-year statute of repose.

Can a condominium association sue the developer for common-area defects?

Generally yes. The trustees or association typically bring claims for defects in the common areas, and the SJC has allowed associations to pursue implied warranty of habitability claims for latent common-area defects. In Trustees of Cambridge Point Condominium Trust v. Cambridge Point, LLC (2018), the SJC struck a developer-drafted bylaw that made such suits practically impossible.

Is there a warranty on a newly built home in Massachusetts?

Yes. In Albrecht v. Clifford (2002), the SJC recognized an implied warranty of habitability that protects buyers of new homes from builder-vendors against latent defects that make the home unfit for habitation. The warranty cannot be waived by a general disclaimer, and the statute of repose still applies.

What should I do first if I discover a defect?

Document the problem with photos and video, keep all contracts, plans, invoices and communications, notify the contractor in writing, and avoid destroying evidence during repairs. Have a qualified professional inspect the work, and get legal advice before the deadlines run.

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.