This form is a Complaint. Plaintiffs allege that defendants are liable for damages for breach of an implied warranty of merchantability. Plaintiffs demand compensatory damages and punitive damages from the defendants, plus prejudgment interest.
Massachusetts Complaint for Defective Home Construction, Defective Design
State:
Multi-State
Control #:
US-CMP-10002
Format:
Word;
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How to fill out Complaint For Defective Home Construction, Defective Design?
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FAQ
A builder, usually a contractor or subcontractor, is usually responsible for defects caused by a failure to conduct work ing to design specifications, or in line with accepted industry standards.
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Generally, the architect. The contractor is only building what is drawn and specified. If it is wrong, and the contractor in good faith constructs it to the drawings and specs, then the architect will, in all likelihood face a lawsuit by the owner for non-professional performance.
The ability to sue your contractor directly stems from the contract agreed between the parties. If the contractor did not complete the work agreed, completed the work inaccurately or completed the work negligently, you may have grounds to sue. The most important factor for a suit against your contractor is damages.
Construction Defect Law and the 'Right to Cure' Statute of LimitationsMaryland3 years for contracts and tortsMassachusetts6 years for contracts3 years for tortsMichigan6 years for contracts3 years for torts1 year for injury resulting from gross negligenceMinnesota2 years from discovery of injury for contracts or torts47 more rows
'The Contractor shall indemnify and hold harmless the Owner from all costs, claims, damages, expenses, losses, liabilities and penalties? of every kind and nature resulting from personal injury to any person employed by the Contractor arising directly or indirectly out of or in connection with the performance of the ...
Incomplete or Poor-Quality Work Without a contract, it's your word against theirs. In the vast majority of such cases, the homeowners lose their money and have to live with the frustration of paying another contractor to complete the work properly. Your only option may be to take the contractor to court.
Massachusetts law sets a six-year limit during which any tort action alleging deficiency or neglect in ?the design, planning, construction, or general administration of an improvement to real property? must be commenced. The six-year clock begins to run upon substantial completion of the improvement.