Legal Question in Consumer Law in Massachusetts
Hi,
I have discovered that my neighbor and I (we own adjacent units of a condo duplex) are victims of an unlicensed roofing contractor operating in Massachusetts. He charged us $9,350 to replace our roof in 2001, which we have since discovered was done at a standard so far below professional that it might as well have been done by a child. Several contractors and inspectors have described the roof as 'the worst I've ever seen'. Flaws include:
- shingles constantly falling off
- lacking flashing in more places than not
- ridge vent made to look installed but was not vented
- exposed nails
- significant gaps left between shingles and other surfaces
- no ice and water barrier used
- drip edges not used
- rows of shingles overlapping too much or too little
- vent caps and chimney flashing not replaced
In addition to these failings, I have discovered the following:
- the contractor was unlicensed despite advertising himself as licensed
- his license has been revoked and he has been fined multiple time by the State AG based on a slew of homeowner complaints
- he has impersonated insurance companies to provide fraudulent proof of insurance
- he has forged customer's signatures on building permit documents
...and he has done all of this for years and years, all the while periodically changing the name of his business and even his own name to hide his trail.
I have been told by the MA office of consumer affairs that my right to file a complaint with their office and seek guaranty funds has expired. I have no reason to believe that this person will respond in any way to any sort of action short of criminal action. In my opinion his behavior is in fact criminal. What is my best course of action?
Thank you.
Jamie
1 Answer from Attorneys
Jamie - you need to file a civil complaint against the contractor in the District Court. I have handled plenty of these - but you should know that there are some standards for roofing contractors, the amount of shingles to be used, and so forth. Glad to talk: 617-230-2779; but if you missed the OCABR deadline, you and your neighbor are probably close to it on the statute, and should act now.
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