Submitted by Stringer on Thu, 07/02/2009 - 09:21
Posted in
We are trying to resolve a dispute with our home improvement contractor over a relatively small amount ($1,200, the cost of a replacement bathtub). The guy is not going to pay us, that much seems clear. We know his guys dropped the tub causing the crack, but they deny it, even though I inspected the tub when it was delivered and it was fine. What are my options here under MA consumer protection law. I can't hire an attorney for that amount, but I don't wont this guy getting away with this.
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Editor's Response
The whole area of home improvement disputes is covered by the Massachusetts Home Improvement Contractor Law, M.G.L. Chapter 142A. Section 3(a) of that Chapter allows a party to such a dispute to seek damages in the superior court, the district court, or the small claims division of the district court. Small claims might be a good option because of the relatively small amount involved. However, you should take a close look at your contract to see if there is an arbitration clause requiring you to seek arbitration before proceeding to court. Also, check out the website of the MA Office of Consumer Affairs and Business Regulation for information about the arbitration program established by the Home Improvement Contractor Law: http://www.mass.gov/?pageID=ocahomepage&L=1&L0=Home&sid=Eoca. Click on the icon in the lower left corner of the home page. Good luck.