Legal Question in Construction Law in Massachusetts

Re: new home-standing water inadiquit drainage

If the builder failed to build to the plans and specs, he may have breached the contract he had with whoever hired him (you?). That would depend on the terms of that contract, and whether he actually deviated from required construction requirements. He may also have been negligent, breached warranties and/or committed fraud. These are tort claims, and would normally be made within the context of the Massachusetts consumer protection statute.

Your problem is that it is five years later. Tort claims expire after 3 years. When did you firswt discover that the builder did not install basins or connect them to the storm drain? The clock would begin running on tort claims when you knew/should have known of the possibility of these claims against the builder (when you first found out, or should have first found out).

Contract actions last 6 years, but without negligence, your contract claims are probably less valuable. If you intend to pursue any claims you need to see a lawyer immediately. The passage of time will be a problem in the lawsuit, but perhaps not insurmountable.

Finally, in much of construction, the statute of repose bars any claims at all after 7 years from completion of the work; no matter what. Even if the claim was not discovered right away, or is first discovered after the 7 years has run. Its an absolute bar.

So if you want to look into this, now is the time. Contact me directly for help.