Steven S. Bloom, Esq.
Cushner & Bloom, P.C.
Cases Against Home Improvement Contractors
Has your home improvement contractor or builder used poor workmanship?
1170 Beacon Street Brookline MA 02446
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Depending on the facts of your case, you may have recourse against your home improvement contractor or builder for poor workmanship under several different legal theories, including violation of statutes, breach of contract, negligence and breach of warranty. Massachusetts General Laws Chapter 142A, Section 17 makes it an "an unfair or deceptive act" under the Consumer Protection Act for a home improvement contractor to violate the building laws of the Commonwealth or of any political subdivision thereof. Such a violation may allow a court to award you double or triple your actual damages, reimbursement of reasonable attorney's fees and reimbursement of your costs in pursuing a lawsuit against the contractor.
Has your home improvement contractor or builder deviated from your building plans without your consent?
Depending on the facts of your case, you may have recourse against your home improvement contractor or builder for material deviations from your building plans or blueprints without your consent. Such deviations may be actionable under several different legal theories, including violation of statutes, breach of contract, negligence and breach of warranty. Massachusetts General Laws Chapter 142A, Section 17 makes it an "an unfair or deceptive act" under the Consumer Protection Act for a home improvement contractor to deviate from or to disregard plans or specifications in any material respect without the consent of the owner. Such conduct may allow a court to award you double or triple your actual damages, reimbursement of reasonable attorney's fees and reimbursement of your costs in pursuing a lawsuit against the contractor.
Also, a written contract for projects costing more than $1000 must be signed by the contractor, and the written contract must state the complete agreement between the owner and the contractor and a clear description of any other documents which are or shall be incorporated into said agreement (e.g. building plans) as well as a detailed description of the work to be done and the materials to be used in the performance of said contract.
Has your home improvement contractor or builder violated the Massachusetts state building code?
Home improvement contractors and builders are required by law to follow the Massachusetts State Building Code. If they fail to do so, they may have violated certain Massachusetts laws, such as Mass. General Laws Chapter 142A, and/or may be liable to you under other common law theories. Furthermore, depending on the facts of your case, the contractor may be held liable to you for double or triple your actual damages, and may be ordered to pay your attorney's fees and your costs in pursuing a lawsuit against the contractor.
Pursuant to Massachusetts General Law, Chapter 142A, Section 17:
The following acts which are prohibited by home improvement contractors or subcontractors:
(1) operating without a certificate of registration issued by the director;
(2) abandoning or failing to perform, without justification, any contract or project engaged in or undertaken by a registered contractor or subcontractor, or deviating from or disregarding plans or specifications in any material respect without the consent of the owner;
(3) failing to credit to the owner any payment they have made to the contractor or his salesperson in connection with a residential contracting transaction;
(4) making any material misrepresentation in the procurement of a contract or making any false promise of a character likely to influence, or persuafe contract;
(5) knowingly contracting beyond the scope of the registration as a contractor or subcontractor;
(6) acting directly, regardless of the receipt or the expectation of receipt of compensation or gain from the mortgage lender, in connection with a residential contracting transaction by preparing, offering or negotiating or attempting to or agreeing to prepare, arrange, offer or negotiate a mortgage loan on behalf of a mortgage lender;
(7) acting as a mortgage broker or agent for any mortgage lender;
(8) publishing, directly or indirectly, any advertisement relating to home construction or home improvements which does not contain the contractor's or subcontractor's certificate of resignation number or which does contain an assertion, representation or statement of fact which is false, deceptive, or misleading;
(9) advertising in any manner that a registrant is registered under this chapter unless the advertisement includes an accurate reference to the contractor's or subcontractor's certificate of registration;
(10) violation of the building laws of the commonwealth or of any political subdivision thereof;
(11) misrepresenting a material fact by an applicant in obtaining a certificate of registration;
(12) failing to notify the director of any change of trade name or address as required by section thirteen;
(13) conducting a residential contracting business in any name other than the one in which the contractor or subcontractor is registered;
(14) failing to pay for materials or services rendered in connection with his operating as a contractor or subcontractor where he has received sufficient funds as payment for the particular construction work, project or operation for which the services or materials were rendered or purchased;
(15) failing to comply with any order, demand or requirement lawfully made by the administrator or fund administrator under and within the authority of this chapter; and
(16) demanding or receiving payment in violation of clause (6) of paragraph (a) of section two.
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Steven Bloom, Esq., is licensed to practice in the Commonwealth of Massachusetts. Steven Bloom, Esq. is also licensed to practice in the State of Rhode Island.
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Attorney Steven S. Bloom is available for representation regarding cases against home improvement contractors and builders. At Cushner & Bloom, P.C., our clients always get the strict attention Attorney Steven S. Bloom who has decades of experience. We know that our clients' questions are important to them and we make it our policy to try to return all telephone calls as soon as possible and almost always within 24 hours.
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