Legal Question in Real Estate Law in Massachusetts
mold in attic
I have mold in my attic due to bathroom fans that were exhausted into my soffit vents, an electrical chase that was not sealed as well as an sewer venting pipe that goes through the roof that was not sealed. It has been 8 years since my house was built and the engineering service that we hired to inspect the area last year agrees that this is most of the issue for the mold in the attic. Can I still go after the building contractor even though 8 years have gone by?
2 Answers from Attorneys
Re: mold in attic
It is not likely that you would succeed in a lawsuit on this basis. Without reading any agreement between you and the contractor it is not really possible to know, but assuming there is the usual limitations on liability etcetera I doubt you have a good case.
Re: mold in attic
No. Your action is most likely barred as a matter of law under the Statute of Repose, holding that claims for design or construction defects cannot be brought more than 6 years after the work was completed and/or first available for use. Unfortunately, when you discovered the claim, or should have, is irrelevant under the statute of repose.
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