May Homeowners Hold Design Professionals Directly Responsible for Negligent Design and Planning?
by
Peter Mirageas on May. 12, 2014
Summary: Homeowners in Massachusetts may bring an action for negligent design against architects and other design professionals, even in the absence of a direct contractual relationship.
Homeowners in Massachusetts may bring an action for negligent design against architects and other design professionals, even in the absence of a direct contractual relationship. This general rule is subject to two important limitations, the first being the statute of limitations for filing suit. The Massachusetts Statute of Repose (G.L. c. 260 § 2B) provides in part that any claim for property damage or personal injury arising out of a deficient or negligent design shall be commenced “no more than six years after the earlier of the dates of (1) the opening of the improvement to use; or (2) substantial completion of the improvement.”
The second limitation is referred to as the “economic loss” rule in Massachusetts. That is, in order for a homeowner to sue for negligent design, he or she must show damage beyond the defect itself and its cost to repair. For example, if a homeowner is suffering from a leaky roof due to negligent design, those leaks must lead to further property damage (for example, structural damage to the walls beneath) or personal injury (for example, a collection of puddled water on which a visitor slips and injures himself).
The Statute of Repose does not apply to contract actions. If a homeowner is seeking compensation only for the loss in property value attributable to a design defect, or the costs to repair the defect, he or she will only be able to assert a claim for breach of contract or breach of warranty against either the design professional (if there exists a direct contractual relationship between the two) or the general contractor.
