Construction Lemon Law

[Guest guest]

Here is a Lemon Law that I wrote for construction. I'm going to submit it in Massachusetts and the other states I cover under HADD. I sent it to a friend in Nevada who will have it and my mold bill submitted there in January.

Ken

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 Commercial and Residential construction or rehabilitated construction, must meet all applicable, local, state and federal codes, standards and ordinances at the time of the completion of construction or rehabilitation.

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.