Avoiding Home Improvement Contractor Headaches in Massachusetts

Although Massachusetts has some of the strongest consumer protection laws in the country, homeowners in Massachusetts still must do significant due diligence when it comes to hiring a home improvement contractor. 

NBC did a series in Boston, “To Catch a Contractor”, which highlighted a number of consumers in Massachusetts who had been harmed by unscrupulous contractors – some of whom were repeat offenders, yet still somehow held a valid registration in Massachusetts. https://www.nbcboston.com/tag/to-catch-a-contractor/

Home improvement contractors are required to be registered in Massachusetts, and failure to register will subject a contractor to liability under G.L. c. 93A, the Massachusetts Consumer Protection Act. Massachusetts has a Home Improvement Guaranty Fund that can compensate a consumer up to $10,000 for a contractor’s shoddy work or failure to complete a job – but qualifying for payment from the guaranty fund is no small task. A consumer must be able to demonstrate that there was a written contract for the job, the work was to be done on their primary residence (1-4 family property only), that the contractor was registered as a home improvement contractor in Massachusetts, that the contractor (not the homeowner) pulled permits for the job, and that the homeowner has exhausted all other options to obtain redress – meaning consumers have to first sue the contractor or go through arbitration and get an award, and exhaust efforts at collecting that award. Finally, the consumer has to apply for relief from the fund within 6 months of obtaining an arbitration award or court judgment. Oftentimes, the reality is that it could cost a consumer more in legal fees to qualify for relief from the fund than they are even eligible to receive. 

Before signing a contract for a home improvement contract, check that your contractor has all required licenses, and confirm that they are registered with the State. You can also check to see whether the contractor has had any claims brought against them through the state guaranty fund,  https://services.oca.state.ma.us/hic/, and can also go online to the state court database https://www.masscourts.org/eservices/home.page.2 and search to see whether any lawsuits have been filed against that contractor. When you are ready to go forward, make sure that the contract fully spells out all the work that is to be completed, the agreed-upon price, the date for completion, and the obligations of both the contractor and the homeowner – and before making any payments, be sure you have a signed copy of the contract for your records. 

If you have questions about your rights with respect to a home improvement project, please call us for a free consultation.