Legal Question in Consumer Law in Massachusetts

Sueing a building contractor from another state

I am having a problem with a building contractor based in NH who contracted to build an addition on my house in MA. He has basically stopped working on the job and refuses to come back even though he has most of the money for the job already. How do I go about sueing him and to what degree is he liable if he loses since he is based in another state?

I have tried reasoning with him but have had no luck. He continues to lie and tries to extort more money from me. The roof of the addition is also leaking and after three unsuccessful tries to fix it he will not come back. He tried to rewrite the contract in the end exclude things he said he would do and overcharge me for others.

What can I do???


Asked on 1/02/02, 6:10 pm

1 Answer from Attorneys
Robert Trant Law Office of Robert R. Trant

Re: Sueing a building contractor from another state

Is the contractor registered in Mass? If so, the law contains an arbitration program for resolving disputes between homeowners and registered contractors and has a Guaranty Fund to compensate consumers up to $10,000 for unpaid judgments against home improvement contractors.

If the contractor is not registered in Mass, you would need to file a lawsuit to recover damages in the amount of the over-payment and any costs associated with fixing the work. This will involve hiring an attorney and incurring legal expenses. A Mass court would probably have jurisdiction over the case since the work was performed here and if the contract was signed in Mass. You should consult the contract to make sure there is no language requiring you to only sue the contractor in N.H. or if there is any language regarding how disputes are resolved. Assuming you get a judgment, it may be difficult to collect if the contractor does not have sufficient assets to seize to pay the judgment. You should consult with an attorney to determine the best course of action given your circumstances.

For additional info, see the state of mass website at www.state.ma.us/consumer/. There is a link for home improvement contractors which provides additional info on filing a complaint against a registered contractor.

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Answered on 1/03/02, 1:43 pm


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