Legal Question in Construction Law in Massachusetts

Re: Could I get free or discounted legal help?

If by mediation you're referencing the Mass Home Improvement Contractor Statute mediation resolution service, you're starting in the right area. The contractor is using unfair leverage to force you to concede on paying extras you legitimately dispute. Unless he has a valid justification for strongly believing he is entitled to payment of all the extra work, he is violating the consumer protection statute, called "Chapter 93A," by withholding and refusing to perform the remaining contract work unless you pay what he thinks is due; which closes off all of your options and does not allow any room for you to legitimatly disagree. And it prevents you both from mutually cooperating and trying to come to a fair AGREED resolution.

Although I urge you to consider the "BEWARE" below before doing so, you might consider writing him a letter along the lines I described above; see if that brings him around. Something tells me this contractor is familiar with the statute, as he has probably been here before. If you were ultimately forced to sue him (say b/c he walked off the job and you had to pay more to complete his unfinished work; and replacement contractors always cost more due to the learning/efficiency curve), and you proved he violated 93A, he would be forced to pay for your reasonable attorney's fees incurred, and, you could get double or triple the actual amount of any damages he is found to have caused you. So, describing what he is doing in a letter, and informing him that you deem it in violation of 93A, can perhaps result in a resolution. If not, at least you've documented his conduct, and how he conducts himself after on notice that youdeem his actions unfair, can help you later if forced to sue. If you choose to do a letter, set a firm date for him to comply with whatever you need from him (i.e., agree to forego extra work items X,Y, and Z, in exchange for your agreement to pay extra work items A, B, and C; or to agree to have a meeting to talk thru the disputed items within the next few days, etc.) Document any agreement in writing, signed by both parties. Don't agree to anything you don't think is fair to you.

BEWARE, however, that he can file for a mechanics lien on the house, but the lien would only be enforceable up to the amount he is reasonably deemed to be due for the extras (and damages he caused to you would set-off any lien rights he might have).

IF YOU SETTLE WITH HIM, MAKE SURE THE AGREEMENT IS CONTINGENT ON HIM WAIVING HIS MECHANICS LIEN RIGHTS. DO NOT SETTLE WITH HIM UNLESS HE AGREES TO WAIVE LKIEN RIGHTS TO SECURE ADDITIONAL PAYMENTS FROM YOU. SETTLEMENT SHOULD BE "GENERAL" AND "FULL AND FINAL, RELATING TO ANY AND ALL CLAIMS B/W YOU, EVER, BOTH KNOWN AND UNKNOWN, INCLUDING MECHANICS LIEN CLAIMS AND/OR FILINGS)