Legal Question in Civil Litigation in Massachusetts

How to get money back from a countractor who did not deliver any service

I signed an agreement with a landscaping company for installing irrigation system and repair lawn. About $2600 was paid for the down payment. He promised that the work will begin at July, but he did not come. Then I called him many times to set up new starting date. He agreed to come on August 14th, but still he did not show up. So I do not want him to come anymore and need my money back. I left him messages to ask him to send back my check. It already passed more than 2 weeks. No check, no phone call back. How can I get money back? I am unable to file small claim since it has $2000 maximum limit.

Thanks


Asked on 9/04/08, 10:32 am

5 Answers from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: How to get money back from a countractor who did not deliver any service

You have the option of taking him to small claims, and limiting your recovery to the $2,000.00 limit.

The first thing you need to do is send a demand letter pursuant to Massachusetts General Laws Chapter 93A, alleging unfair and deceptive business acts on behalf of the landscaper. This would subject the landscaper to double or triple damages and your attorneys fees in court.

You may want to hire an attorney to pursue this. My firm is able to represent you on a flat-fee basis, and we are located in Quincy.

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Answered on 9/04/08, 10:39 am
Michael Bace Bace Law Group, LLC

Re: How to get money back from a countractor who did not deliver any service

You should contact an attorney to send a demand letter to the contractor, file suit in the District Court, and deal with this issue on your behalf.

There may be consumer protection issues which can raise your claim significantly.

An attorney may be able to handle your matter on a contingency fee basis, which means you do not pay any legal fees until there is a successful recovery. Of course, any recovery is going to depend on the financial situation of the contractor.

Feel free to call/email for more details.

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Answered on 9/04/08, 10:39 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: How to get money back from a countractor who did not deliver any service

You CAN file either a civil and/or criminal action against him.

Small claims may still be the best, but you would have to sue for 2,000.

He may be required to have a license, so check with the contracting board of the state.

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Answered on 9/04/08, 10:41 am
Joseph Murray Joseph M. Murray, Esq.

Re: How to get money back from a countractor who did not deliver any service

Consult an attorney. You may have a consumer protection action which would entitle you to double or treble damages plus your attorney's fees.

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Answered on 9/04/08, 10:55 am
Gabriel Cheong Infinity Law Group

Re: How to get money back from a countractor who did not deliver any service

I agree with everyone above regarding your remedies. If you're willing to give up $600, it's such easier and quicker to file a small claims action and limit your collections to $2000 plus the cost of filing.

Once you get the speedy small claims judgment, you can try to go after them for collections but if you cannot, you can apply to get the judgment satisfied by the Home Improvment Guaranty Fund. It is a Massachusetts pooled fund that contractors pay into that is used to satisfy judgments that go unpaid. You can find more information here:

http://www.mass.gov/?pageID=ocaterminal&L=5&L0=Home&L1=Consumer&L2=Housing+Information&L3=Information+on+Home+Improvement&L4=Home+Improvement+Guaranty+Fund&sid=Eoca&b=terminalcontent&f=guaranty_fund_application_kit&csid=Eoca

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Answered on 9/04/08, 11:21 am


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