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My home was not built to code--what can I do?
I live in MA and had a new home built 7 years ago the first year it started to have problems. Sewer froze, garage flooded, over time floors cracked, spaces behind counters, decks are falling down the list goes on... was told excuse after excuse in the beginning, settling, winter to cold, too much rain. Is it possible my house footings are not to code or there is some engineering problem? If so is it to late to do anything. I have paid a lot of money to fix these issues and my new home is looking like it is 100 years old any advice? Can I file a lawsuit? Just want my home repaired and fixed right.
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It may be too late. It is possible there were code violations, but the house needed to receive a certificate of occupancy before you could move in. You have a right to get copies of the inspections done to issue the COs.
What you should do is consult an attorney about whether its not too late to sue the builders. If you can, the attorney will arrange to have an inspection done to determine if there was negligence, shortcuts or whatever on the part of the builder |
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I don't know of any statutory law that creates an express warranty for construction in Massachusetts. What you have is a body of common law (case law decided by courts) in which courts enforce express warranties and implied warranties. You may have a statute of limitations problem, claims must be brought within the three-year statute of limitations and the six-year statute of repose set forth in G. L. C. 260, § 2B.
To determine what, if any, express warranty your contractor provided, you must examine the terms of your contract with the builder. An express warranty on labor and workmanship for one year (or more) from the date of substantial completion is commonly inserted into construction and home improvement contracts. You may also be able to pursue a claim against a contractor under a breach of contract theory. I am not a lawyer. You should consult with a licensed attorney... |
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Did you build the house, or buy it after it was built, did you have a home inspection?
Have you went though the entire building department records to see if it was inspected? If it was not done to code, there may be law suits against the contractors who did the work. |
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