Legal Question in Real Estate Law in Massachusetts
Home Addition - incomplete job
We did an addition to the home in 2004 with a written contract of around $98K. There is 2 year warranty. The contractor did not complete the job - for example heating
not working. Repeated calls, requests did not help. He just use delaying tactics. He misrepresents facts and blames us for work he did not complete. We have paid him in full. He pulled the permit. Would like to take legal action, if needed, by employing a lawyer. What recourse do we have that is minimum hassle and gurantees speedy remedy?
Thanks and regards.
1 Answer from Attorneys
Re: Home Addition - incomplete job
In response to your lawguru inquiry you have the following options. It is apparent by the contractor's behavior that he is not concerned with your opinion of his work. Also, given the fact that he has been paid in full you have no financial leverage to compel him to complete the job or honor his warranty. As a result legal action is your best remedy.
Without knowing specifics about the warranty or the amount of damage you have suffered, there are a few legal options. One option is to sue the contractor in small claims court. You would not need an attorney in the process is relatively quick. Another option would be to proceed with a 93A claim (unfair and deceptive business practice). This option could be exercised through the aid of an attorney or you may also proceed on your own. Information on 93A claims may be found at the Office of the Attorney General's website. A third option would be to hire an attorney and sue the contractor for breach of warranty, unfair and deceptive business practices, and breach of contract. These suggestions are based on the limited information provided in your request. It is possible there may be other options.
Lastly, there is a good chance that a letter threatening legal action may suffice in compelling the contractor to live up to his obligations. Such a letter may be more convincing if drafted by an attorney.
I hope you find this information helpful. If I can be of any other assistance please do not hesitate to contact me by email at, [email protected]
Very truly yours, Stephen E. Meltzer, Esq.
Meltzer Law Offices