Legal Question in Construction Law in Massachusetts
contractor liability
i am a retired ceramic tile contractor. in 1999 i contracted [verball contract only] to install ceramic tile in a shower unit in a private home. the prime contractor recently informed me that the job has failed to hold water and damaged rooms under the shower. he also informed me that he had another tile contractor make ''repairs'' a few years after my initial install.
several years later the job failed again. this time he had the same contractor remove tile up to 24 inches from the floor and the floor and curb as well.
i would assume that after a second repair that the unit is not leaking.
my question is this, seeing that the prime contractor contracted with a new tile contractor, does that ''erase'' my liability to make good on any repairs either for the first repair or the second?
what if any is the statue of limitations?
2 Answers from Attorneys
Re: contractor liability
Generally the statute of limitations is three years, beginning when the owner discovered the defect and knew or should have of the existence of claims against you for negligent work.
You might also have a more rock solid legal defense available to you under the statute of repose. That statute states that there can be NO liability for construction work completed more than six years after project completion; even if the work is/was actually defective.
If you get sued, it appears you would have solid legal defenses under both these limitations periods. However, more information is necessary to know for sure.
By the way, the contractor may also have these defenses available, but it sounds like he's continued a relationship with the owner, which gives him problems you probably do not have.
Re: contractor liability
In Massachusetts the statute of repose for improvements to real property is 6 years from the date of substantial completion, which should protect you from owner claims. The statute of limitations for breach of contract claims, which the General Contractor may assert, is 6 years.
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