Construction projects do not always go as planned. When defective work causes damage to a property, the question of who is responsible and how long you have to act depends on the type of claim you bring. Massachusetts law draws a firm line between tort and contract claims in construction disputes, and that distinction shapes both the timeline and the outcome.
Common types of construction defects
Construction defects generally fall into three categories:
- Design deficiencies: Errors in an architect’s plans that lead to problems like poor drainage or structural weakness.
- Material deficiencies: The use of substandard or inappropriate building products during construction.
- Workmanship deficiencies: A contractor or subcontractor failing to build according to accepted standards.
Each type can form the basis of a legal claim, but the legal theory matters.
Tort claims and the six-year repose period
Massachusetts imposes a strict deadline on tort claims related to construction defect disputes. State law requires anyone bringing a tort action for deficient design, planning, construction or administration of an improvement to real property to file within three years of when the cause of action accrues.
Separately, the state’s statute of repose sets an absolute six-year outer limit, measured from the earlier of the improvement opening for use or substantial completion and the owner taking possession. Once that six-year window closes, a property owner can no longer bring a tort claim regardless of when the defect surfaced.
Contract claims follow different rules
Claims based on breach of an express warranty or a specific contractual obligation are not subject to the six-year statute of repose. In a 2025 decision, the Massachusetts Supreme Judicial Court confirmed that when a duty arises from an express agreement rather than the general standard of care, the repose period does not apply even if the underlying breach involves negligence. However, courts still scrutinize whether the contract actually guarantees a specific result. General language requiring a contractor to perform work in a professional manner may not be enough to qualify as an express warranty.
Why the legal theory matters
The difference between a tort claim and a contract claim can determine whether a case moves forward or a court dismisses it on timing alone. Property owners who discover defects years after construction should consider whether their contracts contain specific performance guarantees that might support a contract claim outside the repose period. The stronger and more specific the contract language, the more options a property owner has when problems surface late.
