Legal Question in Construction Law in Massachusetts

Re: DO we have a leg to stand on?

Absolutely, yes. Does the one year warranty cover specific things, like roof, siding, appliances; or is it a general warranty on the workmanship - most likely the latter. He gave you the one year warranty even though there was no written contract?

The Home Improvement Contractor statute requires him to have entered a written contract with you, among other things. He's in breach of those requirements. and there are a few different ways to proceed under that statute for relief; but given my next para, one way is strongly preferrable to the other.

New construction homes are covered by the warranty of habitability. So, in addition to your express warranty claims and the statutory violations, you have a legal claim against him to recover the cost of (or make him fix, usually a bad idea) the deficient work items that constitute breach of the warranty of habitability.

New foundations routinely crack shortly after being poured due to normal ground settling. However, if you're getting water in the basement - which by the way is a patent breach of habitability - the source of the leak needs to be identified, and the cost to repair determined for your claims. It may or may not be the foundation. More likely, the pitch of the yard is wrong, draining too much to the foundation, then you're getting water in thru window openings.

I would not leave it to the uncle to determine the sources of the problem, if you feel he is untrustworthy.

You need to handle the claims properly or you risk losing or compromising them. The statutory relief has verious requirements to preserve and present appropriate claims. I am happy to help if you wish, I routinely handle construction problems. Give me a call or send a more detailed email to me, and we can discuss more specifically the nature and cost of the problems, whether your warranty applies to the deficient work, whether to preserve claims under the statute, etc.

After consulting with you, I would probably recommend you hire someone realiable and respected in the industry to assess the nature and extent of the problems so you know precisely what your claims are for and the estimated cost. But not just any old person will do - the choice should be carefully made in the event litigation becomes necessary. The person retained may become a witness and selecting witnesses in construction cases needs to be carefully handled.