Legal Question in Construction Law in Massachusetts
freestanding vs retaining wall
My contractor walked off the job after signing a contract for a 'retaining' wall - at places over 6' in height. He now claimes exemption from 93A because he deals with freestanding walls. My wall holds back 4 to 6' of earth. I need a definition of a freestanding wall. Can not find it in the 142 or 93A state pages.
1 Answer from Attorneys
Re: freestanding vs retaining wall
93A and the retaining wall building code regulations have absolutely nothing to do with one another. He probably found out that for walls more than 4 feet in height he needs to obtain a permit, which requires some level of sophisticated design in advance, then inspection and approval of the work, which he either does not know how to do or blew the bid by pricing it assuming no design/required work was necessary.
The retaining wall code is very difficult to decipher without some moderate degree of related knowledge. Construction litigation is one of my specialty areas. Please contact me if I can be of further assistance.
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