Bill > H1087

This bill adds a new section to Massachusetts law that allows property owners to sue companies or contractors who incorrectly complete flood hazard determination forms for banks or insurance companies. Specifically, the bill enables a civil action if a flood hazard determination form incorrectly designates a building's location in or out of a special flood hazard area (an area with higher flood risk), and the property owner suffers damages, such as being unable to obtain flood insurance. If the flood hazard determination form is certified by a professional engineer or land surveyor, there is a presumption that the determination was correct, but this presumption can be overcome if a court finds evidence of an incorrect determination. In such a lawsuit, the court may award the property owner actual damages, reasonable attorney's fees, and court costs. The bill aims to provide legal recourse for property owners who have been negatively impacted by inaccurate flood hazard assessments, creating accountability for professionals who complete these critical determination forms.

Business and Industry

https://malegislature.gov/Bills/194/H1087