Legal Question in Consumer Law in Massachusetts

Overstated invoice

We purchased a 2 fam duplex to split into 2 condos & it needs renovations. I hired an electrician who I employed for about a week & a half but it has not worked out. He told me that they work for time & material or per unit (per switch, plug, ..) In his eval an item came up which really required T & M - the 3rd flr needed to be split into 2 separate units (originally the entire 3rd floor's power ran from 1 side). I agreed because it was unknown how the wiring was configured. Also, they were to determine how the entire house wiring was configured. Throughout the process I noticed everytime I dropped by that the electricians were on their cells and others said they weren't working much. I asked 1 of the partners for the total along the way which he delayed until I told him to stop what they were doing and let me know the charges. Finally he gave me the total which was outrageous for little work done. After complaining, he discnted it ''at cost'' and mailed the daily invoices itemizing charges. There was approx 60-70 hrs work for kitchen and basement demo for about 5 switches and 10 plugs. I emailed him to review/ meet me to discuss but no response. I don't feel it is right to pay- what should I do and how can I fight this?


Asked on 7/23/07, 11:58 am

1 Answer from Attorneys
Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: Overstated invoice

You should try to resolve it voluntarily with him, because unpaid contractors can file a mechanics lien against the house, even if the amount claimed due is not really owed or in dispute (to enforce the lien and compel payment, however, the contractor must prove the amounts are legitimately due). In the meantime, invalid liens on your title can cause real problems if you try to refinance, etc.

If you do agree to resolve it, make sure that in writing he give you a lien waiver, saying that in exchange for your agreement to pay X, he agrees he has been fully compansated and he waives all mechanics lien rights related to the work.

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Answered on 7/23/07, 3:54 pm


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