Mold/construction lemon law

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For those that want, use my legislation and modify it for your states

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AN ACT TO PROVIDE FOR ENFORCEMENT OF LOCAL AND STATE BUILDING, FIRE,

HEALTH, SAFETY, ELECTRICAL AND BUILDING CONSTRUCTION LAWS AND

STANDARDS.

Be it enacted by the Senate and House of Representatives in General

Court Assembled, and by the authority of the same, as follows:

Chapter 1. Construction Lemon Law

Article 1. General

Provisions

12669.A. This Chapter shall be known, and may be cited, as the

H. Moulton Jr. Construction Lemon Law Act for Massachusetts.

Chapter 12669.B: Section 1. All new or resale Commercial and

Residential construction and property or rehabilitated construction,

must meet all applicable, local, state and federal codes, standards

and ordinances, to include all manufacturer and building materials

specifications, standards and requirements, at the time of the

completion of construction or rehabilitation or time of sale .

Chapter 12669.C: Section 1. Civil actions and remedies; class action;

demand for relief; damages; costs; exhausting administrative remedies.

Section 1. (1) Any person, or person's, who has (have) been injured

by another person, person's, local or state government employee,

local or state government agency, commission or body, a company or

corporation use or employment of any method, act or practice declared

to be unlawful or that is in violation of Local, State or Federal

Building, Fire, Plumbing, Electrical, Health or Safety codes or

standards may bring an action in the superior court, or in the

housing court whether by way of original complaint, counterclaim,

cross-claim or third party action, for damages and such equitable

relief, including an injunction, as the court or a jury deems to be

necessary and proper.

(2) Any persons entitled to bring such action may, if the use or

employment of the unfair or deceptive act or practice has caused

similar injury to numerous other persons similarly situated and if

the court finds in a preliminary hearing that he adequately and

fairly represents such other persons, bring the action on behalf of

himself and such other similarly injured and situated persons; the

court shall require that notice of such action be given to unnamed

petitioners in the most effective practicable manner. Such action

shall not be dismissed, settled or compromised without the approval

of the court, and notice of any proposed dismissal, settlement or

compromise shall be given to all members of the class of petitioners

by certified and registered mail delivered through the United States

Postal service.

(3) At least thirty days prior to the filing of any such action, a

written demand for relief, identifying the claimant and reasonably

describing the unfair or deceptive act or practice relied upon and

the injury suffered, shall be mailed or delivered to any prospective

respondent. Any person receiving such a demand for relief who, within

thirty days of the mailing or delivery of the demand for relief,

makes a written tender of settlement which is rejected by the

claimant may, in any subsequent action, file the written tender and

an affidavit concerning its rejection and thereby limit any recovery

to the relief tendered if the court or jury finds that the relief

tendered was reasonable in relation to the injury actually suffered

by the petitioner. In all other cases, if the court or jury finds for

the petitioner, recovery shall be in the amount of actual real,

medical, loss of use, legal fees and pain and suffering damages; or

up to three but not less than two times such amount if the court or

jury finds that the use or employment of the act or practice was a

willful or knowing violation of said section two or that the refusal

to grant relief upon demand was made in bad faith with knowledge or

reason to know that the act or practice complained of violated said

section two. For the purposes of this chapter, the amount of actual

damages to be multiplied by the court shall be the amount of the

judgment on all claims arising out of the same and underlying

transaction or occurrence, regardless of the existence or

nonexistence of insurance coverage available in payment of the claim.

In addition, the court or jury shall award such other equitable

relief, including an injunction, as it deems to be necessary and

proper. Notwithstanding any other provision to the contrary, if the

court or jury finds any method, act or practice unlawful with regard

to any security or any contract of sale of a commodity for future

delivery as defined in section two, and if the court or jury finds

for the petitioner, recovery shall be in the amount of actual damages.

(3A) A person may assert a claim under this section in a district

court, whether by way of original complaint, counterclaim, cross-

claim or third-party action, for money damages only. Said damages may

include double or treble damages, attorneys' fees and costs, as

herein provided. The demand requirements and provision for tender of

offer of settlement provided in paragraph (3) shall also be

applicable under this paragraph, except that no rights to equitable

relief shall be created under this paragraph, nor shall a person

asserting a claim hereunder be able to assert any claim on behalf of

other similarly insured and situated persons as provided in paragraph

(2).

(4) If the court or jury finds in any action commenced hereunder that

there has been a violation of section two, the petitioner shall, in

addition to other relief provided for by this section and

irrespective of the amount in controversy, be awarded reasonable

attorney's fees and costs incurred in connection with said action.

(5) Any person entitled to bring an action under this section shall

not be required to initiate, pursue or exhaust any remedy established

by any regulation, binding arbitration contract, administrative

procedure, local, state or federal law or statute or the common law

in order to bring an action under this section or to obtain

injunctive relief or recover damages or attorney's fees or costs or

other relief as provided in this section. Failure to exhaust

administrative remedies shall not be a defense to any proceeding

under this section.

(6) Recovering or failing to recover an award of damages or other

relief in any administrative or judicial proceeding, except

proceedings authorized by this section, by any person entitled to

bring an action under this section, shall not constitute a bar to, or

limitation upon relief authorized by this section.

(7) Should an employee, representative, entity or division of a

Local, State or Federal Government have allowed, through malice or

corruption, the violation of Chapter 12669.B, Section 1, those

government employees, representatives, entities or divisions will

lose any protection allowed under Sovereign Immunity of the 14th

Amendment of the United States Constitution. The role of all

Government is to provide for the safety of all citizens. When one

citizen is denied that right, it is denied to all. This section will

also override any Laws of Massachusetts that deny a citizen the

rights under the United States Constitution to due process when those

acts are deemed to have been malicious or corrupt.