Legal Question in Consumer Law in Massachusetts
I paid to have a cement patio deck put around my pool. At first it I couldn't have been happier with it but soon after it was completed it was discovered the concrete mix was bad and that there was some sort of mineral mixed in that was causing the concrete to leave quarter size holes in it. The company had told me that they would put it through their insurance and redo it. I just got a letter in the mail from the company saying their insurance claim had been denied and now they are refusing to do it. They are telling me the deck is structurally sound and the damage is purely cosmetic. I am angry because the mix was bad and I did not pay for a brand new concrete pool deck with cosmetic issues. I was wondering if I had a strong case for legal action?
2 Answers from Attorneys
You describe a potentially good claim for breach of the implied warranty of workmanlike construction, breach of contract and violation of Massachusetts Consumer Protection Act, G.L. ch. 93A. Under ch. 93A, once you have complied with its requirements for a written demand, you can file suit against the defendant if you do not receive a reasonable offer of settlement within 30 days. Under ch. 93A, you can recover damages of up to 3 times your actual damages plus a reasonable attorney's fee. Please call me if you would like to discuss this in greater detail.
I agree with the previous attorney that you should first deliver a written demand upon the contractor under Chapter 93A (the consumer protection act). You must comply with that statute if you intend to bring a claim under Chapter 93A, and take advantage of its settlement-inducing damages provisions. You will want to read your contract for services carefully to determine whether there is an arbitration provision. Good luck with your claims, and feel free to give my office a call if you are interested in legal representation.
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