Legal Question in Real Estate Law in Massachusetts
home improvement
What do you do if a subcontractor took $7500.00 and has not provided any services nor materials for that amount and will not return any of our phone calls. We have fired the subcontractor but cannot get him to give our money back. He does have a flooring and granite store in Hingham, Ma but we have not been able to get him in person there yet.
thank you
3 Answers from Attorneys
Re: home improvement
Retain an attorney to send a GL. Chapter 93A Consumer Protection Demand Letter and file suit if funds are not returned. Good Luck!
Re: home improvement
From the short facts presented, it sounds like you have actionable claims against your contractors for breach of contract as well as violations of M.G.L. c. 93A, which could potentially expose them to triple damages and attorneys fees. Your next step should be to write a 30 day demand letter to the contractor explaining the problem and outlining your damages. You may want to include copies of any relevant materials such as the contract/proposal and copies of cancelled checks. In order properly set up a claim for damages under 93A, the law requires that you send a demand letter 30 days before filing a complaint in court. The merchant (i.e., your contractors) must then make a good faith response within 30 days, or it could subject him/her to triple damages and attorney's fees. The letter should be sent by regular mail AND certified mail return receipt requested. Since there are several items that must be included in the letter to make it comply with the statute, I would advise you to have it prepared by or at the very least reviewed by an attorney familiar with the statute. If you are not able to resolve the matter through a letter you will need to consider filing suit against the contractor. Assuming you win your case in arbitration or court and the contractor fails to pay the award or judgment, for example if they�re out-of-business or are simply unresponsive you can apply to the Massachusetts Home Improvement Contractor Fund for up to $10,000 of your actual losses. This is often referred to as the �fund of last resort� for individuals like yourself who have done business with out-of-business or deadbeat contractors. Let me know if I can be of any assistance. Good luck.
Re: home improvement
If you are a General Contractor, you send him a 93A letter demanding the return of funds within 7 days. If you are a consumer, then you have to give him 30 days.
Thereafter hire an attorney and sue him.
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