Legal Question in Real Estate Law in Massachusetts

New Construction Warranty

I purchased a condo in April of 2008. The condo is partly renovated (building is from c. 1850) and partly new construction (the builder knocked down a wall and built two new bedrooms.) As a result of the ice storms recently in New England, ice got under the shingles in the dormers of BOTH bedrooms and caused a serious leak in both rooms (started 12/23). The padding under the carpet is soaked through, and the water pooled on the carpet. The odor of mold and mildew is already extremely strong.

I have a few questions:

1) Is it true that builder's must provide a one-year warranty on construction in Massachusetts? (I have a warranty document that we both signed at closing which states that the warranty did not cover damage from ice backing up under shingles - but that document can't override State law, correct?)

2) How much time do I have to give him to fix the issue before I just fix the problem myself and sue him to cover damages?


Asked on 12/27/08, 4:50 pm

2 Answers from Attorneys

Re: New Construction Warranty

There is no such law in Massachusetts that requires a one year warranty. As to the repair, you should contact the condo associaiton insurer as well as your own and seek coverage. They can subrogate your claim against the builder.

You might also want to hire an engineer or roof expert to inspect the roof and determine if there was a construction defect in the repair of the roof or addition of the dormers by the builder.

Good Luck.

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Answered on 12/27/08, 4:56 pm
Alan Fanger Alan S. Fanger, Esq.

Re: New Construction Warranty

There are two warranties for new construction that are implied in law: a warranty of workmanship (which can be limited or waived) and a warranty of habitability, which cannot be waived. You could make a good argument that the leaks you referred to affect the habitability of your home. Assuming the warranty to be applicable, the law would allow the builder a reasonable period of time to respond to any written request to fix the leaks (and the demand should be in writing). In this instance I would say that 30 days would be reasonable. Please feel free to contact me if you wish to discuss these issues in greater detail.

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Answered on 12/27/08, 11:13 pm


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