Legal Question in Consumer Law in Massachusetts

Consumer Protection Question

Hi;

In February I spent 18,000 to have my cellar waterproofed with six pumps, UPS battery backup and six new drain lnes to the outside. The batteries have not worked since we had the system installed and the first rainstorm I had 6 leaks were the pipes were not cemented. I have made six calls to the company starting 4/16/07 at 7:00 and they promised me 24 hr reponse and no one has show up two days later? Do I have any legal recourse here - this is an outrage and poor workmanship and how can I have their worked fixed and not have to pay out additonal money? They still have not returned my phone calls. I have filed a complaint with the better business bureau but wondering what my other options are. After spending 18,000 I though the problem woudl be fixed but I cannot get them to show up and fix problems they cause. Thanks


Asked on 4/18/07, 11:19 pm

2 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: Consumer Protection Question

If it is a licensed contractor, you can report this to the state. If you were provided an insurance for the contractor, you can contact their insurer.

You have at least a couple of other options, including the filing of an action against the contractor.

Should you have any questions or need assistance, contact me.

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Answered on 4/19/07, 9:15 am
Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: Consumer Protection Question

Tell them you will bring claims under the Home Improvement Contractor Statute, under which you can receive up to 3 times the amount of your actual damages, and recover your attorney's fees. You can also file a complaint against their Home Improvement Contractor license, which can result in both criminal charges brought agaist the contractor, as well as punishment in the form of restrictions on their License (or they can be stripped of their license if they have a negative history), and heavy civil fines against them.

If you go this route, you should be ready to carry through on the threat.

All of the resources you would need to get started are on the Mass.Gov site, under the Consumer Protection tab; then the home improvement sub-tab, I believe it is.

It can become complicated once you begin down this road, especially if the initial complaints don't shake out some results and you are forced to proceed with arbitration under the state program or a district court lawsuit to enforce your statutory rights.

I've been thru this countless times before; let me know if I can help (I'm on the road most of today, but you can leave a message and I will return your call)

Otherwise, good luck. You have a LOT of power under that statute.

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Answered on 4/19/07, 9:23 am


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