Submitted by Anonymous on Fri, 06/11/2010 - 15:03
Posted in
I (my small business) had a contract with a MA company to perform landscaping work outside our building. I paid them nearly a couple thousand dollars to perform weekly maintenance and they have not done it consistently. The area looks like a dump and they wont give me my money back so I can hire someone else. So can I sue a business and get triple damages and attorney fees?
Read Similar Questions
- Guardianship for small business owner in Massachusetts
- Negligent misrepresentation and Chapter 93A
- business day
- Contingency fees based lawyers
- Company owner hacked into an employees Facebook account
- Can a business sue under 93A?
- Can my Business sue another Business using MA 93A?
- QUESTION ABOUT FORMER BUSINESS OWNER BEING DENIED UNEMPLOYMENT
- Premises liability for commercial landlord in MA
- Can I sue a non-corporate business?
Recent Posts about Massachusetts Laws
| Forum | Last post |
|---|---|
|
I have a lease until June 2012, but I am very unhappy with my living situation, I pay half of the rent. I am a....
I cannot answer this question based upon your statement. Who are they....
|
2/8/2012 11:00 by Alexm2012 |
|
Is it legal for Massachusetts employer to send a SALARIED employee home for the day, without pay, for a dress ....
Federal and Massachusetts courts have upheld employee dress codes as l....
|
2/8/2012 09:09 by Munsterwoman |
|
Hi, I'm the grandmother of 4 beautiful grandchildren. The oldest has hit a rough spot with defiance (puberty ....
I'm very sorry about your situation and the ordeal your family is goin....
|
2/7/2012 23:02 by gramy |
|
Hello. I'm in the middle of an appeal for SSDI and my attorney asked me to get a residual functional capacity....
First, I guess it's not a good sign that you do not trust your current....
|
2/7/2012 08:18 by Adam13 |
|
Hi everybody.
I am trying to make an offer on a house, which is an estate sale. As I understand, the execut....
|
2/6/2012 13:50 by ilya980 |
|
I've been helping a friend pay for a lawyer to go to probate court.
Her ex-Boyfriend, whom she is taking to c....
|
2/6/2012 12:21 by rbiddle |
|
If I witness a person getting beat up at a party and just run away without calling the cops or helping the guy....
I don't think so. In terms of civil liability (as opposed to cri....
|
2/3/2012 07:17 by Coller |
|
My father passed away in September. The probate is over and settled, no contests to the will. My mother is the....
Your dad died in September and the probate is already settled – ....
|
2/2/2012 18:50 by JGraul |
|
Hi. My cousin is charged with possession with intent to distribute drugs in a Massachusetts court. He is not a....
Unfortunately for your cousin, if an immigrant is convicted of certain....
|
2/2/2012 08:07 by Sister6 |
|
Just curious if you have any thoughts or have read any information regarding the success rate of divorce media....
Yes, I've also seen the 90% estimate on various websites, with some me....
|
1/24/2012 11:47 by RRM |
|
Several of my colleagues will dictate consultation notes in which they state they don't have the complete hist....
The question probably boils down to whether or not such practice is wi....
|
10/2/2011 18:37 by Anonymous |
Editor's Response
Section 11 of Massachusetts General Laws Chapter 93A (our consumer protection statute) allows one business to sue another for unfair and deceptive acts and practices. However, Massachusetts courts have interpreted this statute in a way that requires the plaintiff (you) to demonstrate more than a simple breach of contract. In Levings v. Forbes & Wallace (1978), the Massachusetts Appeals Court discussed the concept of "unfair or deceptive" in the business to business context and held that the conduct must be"immoral, unethical, oppressive or unscrupulous", or "must attain a level of rascality that would raise an eyebrow of someone inured to the rough and tumble of the world of commerce."
Clearly, you will need to show more than a simple breech of contract. So, while I recommend that you discuss your case with a Massachusetts Consumer Protection Attorney, (many offer free consultations), without knowing more facts, I can only guess that 93A will not be applicable. Good luck.
NOTE: Under Massachusetts General Laws Chapter 93A, Section 11, a demand letter is not required prior to commencing an action. I think it's a good idea to send one in any case, where practicable.