Legal Question in Construction Law in Massachusetts

Re: Front Steps crumbling

Assuming you have not done anything to encourage or contribute to the degradation of the front steps, you should probably prepare to make a written demand on the contractor with an eye toward filing suit if you do not get the response you want.

Depending on the behavior of the contractor, you may want to consider your rights under the Massachusetts Consumer Protection Statute.

Re: Front Steps crumbling

Your next step should be to write a 30 day demand letter to the contractor explaining the problem. You may want to include copies of any relevant materials such as the cotract/proposdal, cancelled checks and photos of the defective work. If your problem involves an unfair or deceptive practice (which appears may be the case here), the law requires that you send a demand letter 30 days before filing a complaint in court. The merchant (i.e., contractor) must then make a good faith response within 30 days, or it could subject him/her to triple damages and attorney's fees. The letter should be sent by regular mail AND certified mail return receipt requested. Since there are several items that must be included in the letter to make it comply with the statute, I would advise you to have it prepared by or at the very least reviewed by an attorney familiar with the statute. If you are not able to resolve the matter through a letter you will need consider filing suit against the contractor. Assuming you win your case in arbitration or court and the contractor fails to pay the award or judgment, you can apply to the Massachusetts Home Improvement Contractor Fund for up to $10,000 of your actual losses. Good luck.