Made a bad choice on contractor, and now I have a problem. In short, the work done on my roof is substantively different (in my opinion) than what was proposed and verbally agreed to. I have not paid any money at this point, and I do not want the contractor to do any further work on my roof. I'd like to have it settled and be done with (of course, my opinion is that I owe nothing :->).
I have the original proposal for work on my roof (under $500), unsigned by either party. I have the invoice that lists different work and showing the same amount on the original proposal, unsigned by either party. I have my roof, which reflects work that is substantively different (even from the work described in the invoice). And I have a home inspectors report indicating even that work has issues. The contractor has indicated we will be sent for collection. Does he really have a claim to do so? And if so, what steps I have to take to dispute it? Do I have to file a claim against him to get a judgement regarding the original invoice? I keep seeing mention of a 93A demand letter, but my conversations with the contractor have shown no indication that he is willing to negotiate. Thank you, David
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Disputes with home improvement contractor
The beauty of a 93A demand letter is that is forces the business, or contractor in this case, to respond and explain why she does not believe she owes you any money or other remedy. If the company does not respond, then they risk facing triple damages. You can read this post for more general information about using 93A in contractor disputes.
However, before you go there, when a consumer finds himself in a dispute with a home improvement contractor, he has some options short of litigating (and/or trying to fend off debt collectors and mechanics liens). A good bet is to look into mediation services. Local consumer groups, such as the Better Business Bureau, and the Massachusetts Attorney General’s Office have trained mediators who can help you settle the dispute with the contractor. Often these services are free. Try calling the MA Attorney General’s Consumer Complaint and Information Section at (617) 727-8400 to see if you qualify. Also, if you hired a home improvement contractor who is registered with the state, you may be able to submit the dispute to a arbitrator by using the Massachusetts Arbitration Program. Again, call the number above for more information. Good luck.