Legal Question in Consumer Law in Massachusetts

Do I have a case?

I had an asphalt sidewalk put in on my personal property. The work is obviously shoddy and not what I paid for. I can prove that with photos and samples.

Here�s my problem:

1.I don�t have a contract stating what work would be done (even though the asphalt is only 1/4inch thick in some spots, and it�s breaking up).

2.When I was making out the check he ask me to make it out to him personally, as apposed to his companies name (He owns the company).

3.I didn�t write anything on the check stating what the check was for.

My questions:

1. As far as the check goes, do I have enough LEGAL information to win a small claims decision?

2. Who�s the defendant, him or the company he owns?

Thanks for any info.


Asked on 7/01/03, 6:50 am

2 Answers from Attorneys
Nance Lyons Law Office of Nance Lyons

Re: Do I have a case?

You have a case. Depending on amount paid, you may qualify for small claims, you also may bring it in District Court. Before you sue, in order to recover attorneys fees and double or treble your acutal loss, you must send a C. 93A demand letter which spells out the essentials of your claim and make a demand for an amount of money. You wait thirty days for them to make a proposal for settlement. If settlement offer does not come or is unacceptable, you sue both owner and company under the MA Consumer Protection Law, c93A. You should also check out this company with Attorney'General's office - if they have had a number of complaints they may contact company for you. Also contact MA Office of Consumer Affairs for same information. YOu could also call one of the TV action lines. Good luck.

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Answered on 7/01/03, 9:16 am
David Baker Law Office of David Baker

Re: Do I have a case?

I agree that you have a case. I think also that you have done a good job of identifying the issues involved, such as who is the proper defendant (the person or the company) and what was the nature of the contract. There is a great misunderstanding about contracts; people tend to think that they must be in writing to be enforceable. That's not true, because an oral contract can be enforced; the problem is just determining what the terms of the contract were. Send the 93A letter to BOTH the individual and the company. You should probably have a lawyer help you out. Good luck! David Baker

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Answered on 7/01/03, 10:03 am


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