Massachusetts · Construction-defect rights
Here is what you have, and here is how to keep it.
Massachusetts gives you six years from the earlier of opening to use, or substantial completion plus the owner taking possession. Negligence claims run three years from discovery and contract claims six, but never past the six-year cap.
What you have
You have six years from the earlier of (1) when the home was opened to use or (2) substantial completion plus your taking possession (M.G.L. c.260 s.2B). Within that, a negligence claim must be brought within three years of when it accrues, and a written-contract claim within six. Massachusetts's deadline is firm - it holds even against a concealed defect - so here, more than almost anywhere, writing it down the day you notice something is what protects you.
The deadline
6 years to bring a construction-defect claim
M.G.L. c. 260 § 2B
6 years from the EARLIER of (1) the opening of the improvement to use or (2) substantial completion plus the owner taking possession for occupancy (M.G.L. c. 260 § 2B). The tort limitations period is 3 years from accrual, running inside the 6-year wall. Massachusetts's repose is ABSOLUTE: the section contains NO fraud, concealment, or possession/control exception — the "in no event" language has been read to bar even fraud-based claims once 6 years pass. fraud_exempts_repose = false, verified from statute.
“in no event shall such actions be commenced 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 and the taking of possession for occupancy by the owner.”
Before you sue: Massachusetts has no construction-specific pre-suit notice law. A consumer-protection (Chapter 93A) claim, including one over a home improvement contractor's violation, needs a written demand at least 30 days before suit. (Mass. Gen. Laws c. 93A, § 9(3); c. 142A, § 17)
What to do now
Write it down the day you notice it. Photograph it with something for scale. Note the date, the room, and what you saw. If it gets worse, photograph it again - a sequence is far stronger than one picture. Keep every message with the builder. You are not starting a fight; you are keeping the option open. Massachusetts has no general pre-suit notice rule for a defect lawsuit; see "Before you sue" on this page for any notice that does apply. A record made at the time is still what most people are missing later.
The same defect, a different answer next door
The construction-defect deadline is a state-by-state accident of geography. The identical crack in the identical house can be dead in one state and live in another.