Legal Question in Consumer Law in Massachusetts

Home improvement companys has taken excessively long to complete siding/trim project in small town of Eastern Massachusetts. Contract for $16k was signed May 30th. Work was subcontracted out by July 25th. Numerous delays related to communication errors between prime contractor and sub contractor: mis-order materials, improper installation, and material delivery delays. Finally "completed" on Aug 22. No word from the contractor for 5 weeks when they said they were getting clarification on the installation method with the manufacturer to validate the warranty. Sent out the sub contractor again to complete problem areas. Additional problem areas remain, 22 weeks from contract start. A construction permit and electrical permit were never pulled from the town office. Account manager has offered $500 for my inconvenience. The work is 95% complete, I have only put 10% down to date. Do I have any legal recourse for damages due to excessive delays and missing permits?


Asked on 10/25/12, 11:07 am

2 Answers from Attorneys
John Skinner, III Associated Attorneys of New England

If the contractor is not registered here:

http://services.oca.state.ma.us/hic/licenseelist.aspx

You might have a great case.

If they ARE registered, although you could still bring an action, your case may be hampered by the fact that you've only paid 10%.

Please get in touch my office if they are not registered as that may allow us to be able to take the case on a full or partial contingency basis.

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Answered on 10/25/12, 11:32 am
Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Information relating to MA laws and regulations applicable to home improvement contractors is available at this link http://www.lawlib.state.ma.us/subject/about/homeimprovement.html

Violations of the applicable statute, G.L. c. 142A, also violate the consumer protection law, G.L. c. 93A, under which the contractor could be held liable for double or triple your actual money damages, as well as your reasonable attorney's fees. Often, however, getting to this relief is extremely costly and bears risk, and even if you get there, some contractors simply lack the ability to pay amounts awarded to you. This should be on your mind in determining how to proceed.

Under the applicable regulations, however, there is an out-of-court arbitration option administered by the MA Attorney General for addressing certain such disputes, but this may or may not apply to your situation and could limit recoverable damages. Good luck.

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Answered on 10/25/12, 2:42 pm


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