Legal Question in Real Estate Law in Massachusetts

builder's workmanship warranty

Can someone direct me to where I can find a statute or law that states how long the warranty is on a condo builder's workmanship in the state of Mass? A carpenter nailed a nail through the wall in the unit owner's condo downstairs 4 years ago, punctured my water pipe running down thru their condo to the basement. The nail held for 4 years and finally burst recently causing damage to my downstairs neighbor's unit. The builder says 4 years is too long, and they will not cover plumbing bill. I was told there may be a statute which says a builder's warranty on workmanship runs longer than 4 years. Where can I look this up to see if the builder should cover this?


Asked on 9/19/08, 11:03 am

2 Answers from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: builder's workmanship warranty

I think you asked something like this before.

You can check with your local law library or call the local building inspector. There may also have been a contractual warranty. In a condo, this warranty may not extend to you, individually.

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Answered on 9/19/08, 1:52 pm
Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: builder's workmanship warranty

There are express warranties, which may already have expired, but there are also warranties implied in law. Was this new construction? If so, the warranty of habitablity applies and might require the contractor at fault to fix the defect. Leaking pipes violates the warranty of habitability. And the warranty of habitability extends to new will probably have no remedy of any kind more than seven years from completion of the work under the statute of repose.

Contact me directly if you are interested in making claims against the contractor.

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Answered on 9/19/08, 4:13 pm


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