CONSTRUCTION DEFECT LAWYER MASSACHUSETTS
When the building isn't what it should be — strategic counsel on construction defects.
Marcus Condo Law advises condominium associations, developers, and other building owners on construction defects, structural safety, and the legal pathways available when a building fails to perform as it was supposed to. Stephen Marcus served as tri-chair of the CAI National Building Inspection Task Force convened after the Champlain Towers collapse in Surfside — and brings that experience directly to buildings dealing with serious construction issues today.
WHEN TO CALL A CONSTRUCTION DEFECT LAWYER
The earlier, the better.
Construction defect matters in Massachusetts are subject to two clocks: a three-year statute of limitations, measured from when the cause of action accrues (typically when the defect is or should reasonably have been discovered), and an absolute six-year statute of repose under M.G.L. c. 260, § 2B, measured from the earlier of opening to use or substantial completion of the improvement. Once the repose period closes, tort claims for design, planning, construction, or general administration of the improvement are barred — regardless of when the defect surfaced. Recent Massachusetts appellate decisions have created narrow exceptions for certain contract-based claims, but the safer assumption is the six-year outer limit.
If your association or building has identified any of the following, it's worth an early conversation:
Water infiltration through the building envelope — walls, windows, roofs, balconies, terraces
Structural cracking, settlement, or deflection beyond normal building movement
Failure of waterproofing, sealant, or flashing systems
Failure of building systems — HVAC, plumbing, electrical, life safety — well before their expected service life
Concrete spalling, corrosion of reinforcement, or visible degradation of structural elements
Inadequate fire-stopping, sprinkler coverage, or compartmentation
Reports from engineers, architects, or other consultants identifying defective work
CONSTRUCTION DEFECT SERVICES
From investigation to resolution.
Defect Investigation & Documentation
Coordinating with engineering and building science consultants to identify, document, and quantify defects. Building a factual record that will support negotiation or litigation, depending on how the matter unfolds.
Claims Against Developers & Builders
Pursuing claims under express and implied warranties, the Massachusetts Consumer Protection Act (Chapter 93A), and tort theories. Coordinating multi-party claims where defects span the work of multiple subcontractors and design professionals.
Insurance Recovery
Pursuing recovery under the building's master policy, the developer's general liability and completed operations coverage, and design professional E&O policies. Insurance recovery is often the practical engine of construction defect resolution.
Mediation & Litigation
Most construction defect matters settle — but not without credible litigation preparation behind them. We prepare matters for trial and use that preparation as leverage in mediation, where most matters are ultimately resolved.
Post-Surfside Structural Safety Planning
For associations and managers concerned about long-term structural integrity — including buildings approaching the 40- or 50-year mark, buildings with deferred maintenance, or buildings with reserve studies that have flagged structural concerns — we advise on inspection protocols, reserve adequacy, and the disclosure obligations that have become increasingly important after Surfside.
WHY STEPHEN — POST-SURFSIDE EXPERIENCE
Co-led the national response to one of the deadliest structural failures in U.S. history — and the most consequential one in the modern history of condominium living.
After the infamous Champlain Towers South collapse in June 2021 — in which ninety-eight people died — the Community Associations Institute convened national task forces charged with developing recommendations to help prevent another collapse. Stephen Marcus was named tri-chair of the Building Inspection Task Force.
Over the following year, the task forces produced the Condominium Safety Public Policy Report — a comprehensive framework covering reserve studies and funding, building maintenance, and structural integrity, along with the disclosure obligations to buyers and lenders that flow from each. The report has been distributed to thousands of state legislators and is now informing legislation and best practices in states across the country.
It is the most consequential structural safety work in the modern history of condominium law. That experience comes back into every Massachusetts construction defect engagement we take on.
WHO WE REPRESENT
We represent condominium associations, master associations, mixed-use building owners, and developers in construction defect matters. For associations, we typically work with boards through their property managers; for developers, directly with project leadership or in-house counsel. We do not represent individual unit owners in defect claims, and we do not handle single-family residential construction defect matters.
FAQ
FREQUENTLY ASKED QUESTIONS
How long do I have to bring a construction defect claim in Massachusetts?
Two clocks apply. A three-year statute of limitations runs from when the cause of action accrues — typically when the defect is or should reasonably have been discovered. A six-year statute of repose under M.G.L. c. 260, § 2B sets an absolute outer limit on tort claims, measured from the earlier of opening to use or substantial completion. Once that six-year window closes, tort claims are generally barred regardless of when the defect surfaced. Certain contract-based claims may have a longer window, but it's far safer to assume the six-year limit.
Who pays for the engineering investigation?
Initially the association does — and that cost is often recoverable later if the claim succeeds. We coordinate with engineering consultants from the outset to make sure the investigation is structured both to inform the legal strategy and to produce evidence that will hold up in litigation if the matter doesn't settle.
What's the difference between a warranty claim and a tort claim?
A warranty claim is contract-based — built on what the developer or builder explicitly or implicitly promised about the building. A tort claim is duty-based — built on the legal standard of care owed to the building's owners and users. The two have different proof requirements, different damages frameworks, and different time limits. Most serious defect matters involve both.
Can our association sue the developer after the warranty period has ended?
Sometimes — depending on what the master deed and association documents say, what the developer represented at sale, and what theory of liability applies. The Massachusetts Consumer Protection Act (Chapter 93A) can extend remedies in cases where the developer engaged in unfair or deceptive conduct. The earlier the analysis happens, the more options remain on the table.
Does Marcus Condo Law represent developers in defect matters?
Yes — but not in the same matter as an association we represent. We advise developers on defending against defect and warranty claims, on document drafting to reduce future exposure, and on turnover negotiations to set up cleaner long-term relationships with the associations they create.
REQUEST A CONSULTATION
If you suspect your building has construction defects, time matters.
Statutes of limitations and repose can run quickly on defect matters. If your association, your management portfolio, or your building has identified concerns, we'd be glad to talk through the situation early — before claim windows close or evidence becomes harder to preserve.