Legal Question in Consumer Law in Massachusetts

Breach of Contract

To make a long story short, we have a service contract with our oil provider for an annual service on our boiler (amongst other serives). The contract states that if they find a problem at the time of the annual tune-up, they may fix the problem and charge their usual labor/parts rates. The contract also states that ''any repairs exceeding $200 will require prior customer authorization''. The service was done and the tech was in the middle of replacing parts for a 'small leak' when I approach him to ask what he was doing. He stated there was a small leak that needed to be repaired. I told him we never noticed one. He stated that it was small enough that the water would evaporate before we would notice it. He also said he was not sure if the parts he replace would fix the problem; they didn't. After several replaced parts, the bill is now up over $800. First, we never authorized any repairs; the work was already in process when I approached the tech. Second, we were never notified in writing or verbally as to the extend of the repair charges. Did they breach their own contract and do we need to pay the entire bill?


Asked on 3/26/04, 8:55 am

1 Answer from Attorneys
Nance Lyons Law Office of Nance Lyons

Re: Breach of Contract

Supplier will assert defense that you did not instruct technician to stop work. You can not pay bill and let them come after you or you can send a 93A demand letter outlining why you will not pay bill, that contract breached and that you want the bill marked paid. Send leter certified, return receipt. They have 30 days to answer. If they don;t make reasonable offer, you can sue in small claims court for your attorneys fees and may recover double or triple damages. You might also bring a complaint to the MA department that regulates NSTAR

Read more
Answered on 3/29/04, 4:24 pm


Related Questions & Answers

More Consumer Law questions and answers in Massachusetts