Legal Question in Personal Injury in Massachusetts
Construction damage
I contracted to build a home,tennis court,pool in Jan. 1999, finished the house in June 99. Homeowner notices leaching field flood in March 2003. She hires an outside company who replaces several septic pipes.May 2003 she finds septic leaking into basement,tennis court.She then hires eng. firm who states septic deviated from title V. Eng firm states that cracking around pool was due to dry clay that expanded due to water and clay expansion. We relied on 2 perc tests which should no unusual soil. Soil sampling is not required by law, just perc testing. H/O then sends me a 93A letter stating I decietfully installed system. Contract contained an express warranty and also an arbitration clause.
H/o used tennis court to park cars for parties. Drain pipes damaged.
1: Do I go back and make all of the repairs?
2: statute of repose?
3: Do I take the case to court?
1 Answer from Attorneys
Re: Construction damage
The Statute of Repose will not protect you. Whether you want to make the repairs or fight the claim will depend, at least in part, on the cost to you of making the repairs. I suggest you weigh the cost of repairs with the cost of litigation and see which will be better for you. However, regardless of what you do, you must respond to the c93A letter w/in 30 days of receipt or you put yourself behind the 8 ball. Sherrill
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