Submitted by Trainer on Tue, 10/25/2011 - 09:25
Posted in
I hired a roofing contractor to make some repairs to my roof and paid him $2,000 to do the work. He was registered with the state as a roofing contractor. The work he did looked OK but he didn't fix the leak. He gave me no contract for the work but did tell me that his work was gauranteed for two years. I know I should have got a contract. When I called him to come back and look at the roof again to fix the leak he refused to return my calls. He left one short message (he called when I was at work) and said he would get back to me with a time to look at the roof. But I don't think he's coming back. So can I sue this guy under the Massachusetts Consumer protection law 93A? Thank you.
Sue roofer under 93A
Yes you can sue a contractor in MA under 93A. A couple things to think about when drafting your demand letter and pursuing your claim. You should look at Massachusetts General Laws Chapter 142A, which regulates home improvement contractors. Under Chapter 142A, Section 2, the contractor is required to provide a detailed, written contract for any services in excess of $1,000. A violation of M.G.L. c. 142A is considered an automatic violation of the Consumer Protection Act (M.G.L. c. 93A). Additionally, your contractor's failure to fulfill his obligations and promises under his warranty constitutes an unfair and deceptive act under certain Massachusetts regulations promulgated under 93A. See 940 CMR 3.08(2).
You can follow this link for a sample 93A demand letter and for some tips on how to draft and deliver the demand. After that, if the contractor does not live up to his obligations, you can pursue the case in small claims court. If you obtain a judgment in court or in an arbitration, you may be able to apply to the Guarantee fund set up by Chapter 142A to collect that judgment. Good luck.