Legal Question in Construction Law in Massachusetts

Damage done by contractors hired by town
We participated in a program run by the town to get help for repairing houses for low income families. The town hired the contractors who came in to replace our roof. Shortly after it was done we started having water leaks and damage to the ceilings because they didn't install flashing around the dormers. We contacted the town to get it repaired right away, who sent people to the house to get estimates, and we were told they would take care of it. The town delayed this for years and wouldn't respond to phone calls and basically closed the door in our face. The contractors are no longer in business and the town claims that since there is no program anymore they are not responsible. We have extremely bad water damage and mold in the ceilings/walls because of this and no way to fix it. Who should be held responsible for this and pay for damages?

Asked on 4/20/09, 12:07 pm

2 Answers from Attorneys

Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

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Re: Damage done by contractors hired by town

This is an interesting question. I can see valid arguments on both sides. How long ago was the work completed (originally) by the contractor? How long ago were the defects first discovered and then how soon reported to the town? There are many additional questions that would also bear upon the legal analysis.

It is possible that involving counsel could motivate the town to at least address the concerns and, ideally, resolve them short of suit. Probably without counsel the town will continue to take a hard line and ignore the concerns.

Feel free to contact me directly or to arrange for a free initial office consultation.

Answered on 4/20/09, 2:12 pm

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