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MA - Home Improvement Contractor Problems -- HELP

I signed up for a home improvement project with a contractor who is working under the guise of anothe licensed contractor.

My contract is with Contractor A (who I found out is unlicensed after I started work)

Contractor A uses Contractor B's permit to apply for all permits to do the work.

I have paid Contractor A 70% already and he he keeps promising he is going complete project but fails to do so. We are 3 months behind schedule already. He threatens that he is going to pull the permit and abandon the job if I keep asking him updates

My question is - I just want to understand what are my options if I want to suit Contractor A. I have written contract which details the work to be completed but does not show any time frames for completion.

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Submitted Tue, 05/09/2017 - 11:07

Thanks for you question.

To begin with the law that governs Home Improvement Contractors (HICs) has two different provisions. The law requires not only that people that do certain work be registered, but that those that are registered (OR SHOULD BE) must comply with the provisions of the law.

The law has a lot of varied requirements, and violations of those requriements can also be unfair and deceptive acts under MGL c. 93A. In your case, some of the violations might be:

1. Not being properly registered
2. Using another contractor who isn't a party to the contract to get permits
3. Taking more money up front than allowed
4. Not including a time for completion in the contract
5. Abandoning the Job without justification

A lawyer would need to look at your contract to see what other violations there might be and how those violations have caused you to loose money, or suffer "injury." (Legal "injury" includes money damages not just physical injuries.) The first step would be to send your contractor a demand letter to finish the work immediately or suffer the consequences. If he abandons the job, sending a 93A demand letter outlining your actual damages and the cost to repair and finish the work they abandon.

I would be happy to discuss options and how to make your contractor finish the work he agreed to do. Feel free to e-mail me or contact my office to go over some basics or set up a time for a consultation.

Atty David Owens
Grolman LLP
617-859-8966
david@grolmanllp.com



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