Legal Question in Construction Law in Massachusetts

Re: hvac installation

Probably three years from the date you knew or should have known you had a potential claim against the hvac contractor based on defective installation and/or performance.

If you have an express warranty covering either the unit itself, its performance or the installation work to put it in, the terms of that warranty could lengthen/shorten the time available to you to bring certain claims.

Also, it is possible that the statute of repose could bar any claims relating to the work brought more than 7 years from the time the work was completed, regardless of when you discovered or should have discovered the potential claims.

You need an attorney if you want to pursue this adequately.

Re: hvac installation

The Statute of Limitations determines when a legal claim is "cut-off" for lack of pursuit. You will want to proceed immediately to:

1) Seek professional legal advice;

2) Research the relevant Statute of Limitations; identity of the entity that did the work (for proper party to serve with legal process); any and all warrantees given you by the manufacturer and installers The law also gives you specific rights regardless of written warrantees); as well as the relevant consumer protection statutes.

3) Obtain affidavits of the material/mechanical/design/manufacturing defects of the system and/or of the installation;

4) Document your damages (out of pocket costs, etc.). (Note: It may be useful to retain the old parts as evidence)

5) Make timely written demand on the defendants under the proper consumer protection statutes (including M.G.L. c 93A)

6) Make written complaints with the:

a) Attorney General's Consumer Protection Department; The Federal Trade Commision; The BBB; and The Contractors' Licensing Authority.

7) Make demand against the Defendant Contractors's Bonding Company.

8) Take all other legal action in a timely fashion to protect your rights and obtain legal redress.

Re: hvac installation

Generally, 3 years from the date you discovered the defective work or should have discovered it. However, to fully determine your rights an attorney will need to review your contract. Another option is to review the manufacture(s)warranties. It all depends on the facts. I suggest you contact an attorney who specializes in construction law.