MA H1087

Creates a new Section 70 in Chapter 183 of Massachusetts General Laws allowing building owners to sue companies or contractors that incorrectly complete standard flood hazard determination forms for banks or insurance companies

Applies when the determination provider completed the form for a fee, on behalf of a bank or insurer, and offered a guarantee for their services

Covers incorrect determinations in either direction—wrongly designating a property as within or outside a special flood hazard area—where the owner suffered damages, including failure to obtain flood insurance

Establishes a rebuttable presumption that the determination was correct if certified by a professional engineer or professional land surveyor, which can be overcome by preponderance of the evidence

Allows courts to award actual damages, reasonable attorney's fees, and court costs to successful plaintiffs