Legal Question in Construction Law in Massachusetts

Re: Suing municipality

This work is covered by the Massachusetts Home Improvement Act, MGL 142A. Doubt if there is a claim against the inspector if the deck you built does not comply with building code.

Feel free to contact me.

Re: Suing municipality

No, there is almost certainly no claim against the building inspector for failing to discover a latent (or not obvious) defect. Perhaps the only possible way to reach the inspector would be if s/he intentionally issued a CO despite knowing about a material defect.

The homeowner is not entitled to recover the full value of the deck, only to those amounts necessary to remedy the defect and bring the deck into compliance with what they expected to receive. They may claim they need a whole new deck, but that may (or may not) be reasonable depending on the nature/extent of the defect.

In other words, they must pay you for the value of the functional deck you provided them, and you must fix or reimburse to them the amount necessary to make the deck mirror what they expected you to provide.

Re: Suing municipality

SUPPLEMENT TO PREVIOUS ANSWER: Unless you can show you delivered a fully compliant deck (which, as you note, the CO appears to suggest), and have some good faith reason to believe (and supporting evidence preferably) that the defect must have been caused after you completed the work. Maybe you have pictures, etc showing no defect at completion. then you could make the argument you delivered a compliant deck, which the CO evidences, and the defect was caused after you completed your contractual performance by someone other than you and those for whom you are responsible.