White Paper

Building Codes in Massachusetts - Building Code Violations and Key Contract Terms

 
The Massachusetts Building Code (i.e., 780 Code of Massachusetts Regulationshereinafter “Building Code”) sets forth minimum standards to be followed when performing construction and other services. The Building Code is designed to protect the safety and welfare of the public. Because the Building Code prescribes only minimum standards, there exists virtually no tolerance for those caught violating the Building Code. Regrettably, violations do occur with some degree of regularity. Accordingly, this article addresses the following three potential consequences for violating the Code: (1) Administrative proceedings, (2) Criminal proceedings, and (3) Civil proceedings. In overly simplistic terms, each of the three proceedings accomplishes different goals. The goal of the Administrative proceeding is to prevent a Building Code Violator from engaging in wrongful conduct in the future. The goal of the Criminal proceeding is to punish a Building Code Violator for past conduct. The goal of the Civil proceeding is to reimburse the Victim of a Building Code Violator’s conduct. Working together, these three consequences are designed to create a great disincentive to those who would otherwise perform substandard work.

Faculty

Drew W. Colby, Esq.

Drew W. Colby, Esq.

Kenney & Sams, P.C.