Bill > H928

This bill amends Massachusetts state law to allow the owner of a building or structure to bring a civil action against a company or contractor who completes a standard flood hazard determination form for a bank or insurance company, if the form incorrectly designates the building or structure as being located within or outside a special flood hazard area and the owner suffers damages as a result, such as the failure to obtain flood insurance. The bill creates a rebuttable presumption that the flood hazard determination was conducted correctly if the form is certified by a professional engineer or land surveyor, but this presumption can be overcome by a preponderance of evidence showing the determination was incorrect. If the owner prevails in the civil action, the court may award actual damages, reasonable attorney's fees, and court costs.

Business and Industry

https://malegislature.gov/Bills/193/H928