Legal Question in Construction Law in Massachusetts

I've bought a condo (new construction, wasbuilt in 2007) 9 months ago and the problem is that my apartment (particularly, living room) has a serious damage from water leak from the apartment above caused by heavy rains, and it sill leaks a lot. When I bought it there was no rains and inspection didn't notice this problem. Despite to a millions of phone calls to the seller (he is constructor as well) during 9 MONTHS and pointing him out that problem NOTHING was done to resolve it

Both me and wife are tired to pour out tens of buckets of water every time when the rain is heavy. Both of us travel a lot, and sometimes none of us are at home, so that buckets of water might cause a serious damage to the apartment below.

Now it became even more urgent. Due to a hard rain these days I saw wet ceilings even in the middle of the room as well as space under windows in our bedroom. Moreover, it starts leaking right under our light fixtures. That might cause a serious damage to the whole building due to fire, especially when neither me nor my wife are at home.

Could you, please, advice if you can help me, how much would it cost and would it be possible to pursue seller to pay your fees.


Asked on 3/15/10, 7:10 am

3 Answers from Attorneys
Warren Wood Law Offices of Warren Wood

You will probably need an attorney to manage this action for you. More information is required to thoroughly evaluate this case. Financing litigation depends on the facts of the matter and the possibility of being successful.

This office handles consumer, real estate, and condo claims. Our initial consutations are always free. Feel free to contact us.

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Answered on 3/20/10, 7:36 am
Steven Striffler Steven R. Striffler Attorney At Law

Without more facts it is difficult to properly answer your question. In Massachusetts there are implied warranties that may or may not be of assistance in your case. I suggest contacting an attorney familiar with construction defect claims. Feel free to contact me.

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Answered on 3/21/10, 4:05 pm
Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

The warranty of habitability (including the promise to keep your home dry and free from leaks) applies to new construction and condos. You likely have claims under this (and other authority) against the responsible parties. They might even have insurance that could potentially cover the claims.

You probably also have claims under the consumer protection statute, which would create substantial bargaining leverage over the other side.

I have significant experience pursuing such claims. Please contact me directly if you would like to discuss your problem and, perhaps, a plan for moving forward.

Otherwise, best of luck.

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Answered on 3/21/10, 9:50 pm


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