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It's no news that Boston is a City experiencing rapid growth. Over the last few decades, most Boston neighborhoods have been the subject of major gentrification. It seems as though every time you look around, there is a new condo development going up or an old brownstone being renovated.
Renovation seems like one of the most popular projects that new homeowners are taking on. The South End neighborhood is a prime example. There is perhaps at least one home on every street being renovated or updated.
Renovation has the potential for being one of
the most stressful, long and financially draining processes
one can attempt. From discovering your entire home needs to
be rewired and needs entirely new plumbing, to having to deal
with neighborhood historical preservation requirements, the
last thing a homeowner needs is a contractor who isn't going
to do their job correctly; and could end up costing you more
money than you should be paying.
As a homeowner in Massachusetts, who is renovating your home, you should be aware that you have rights and are protected under the 1991 Home Improvement Contractor Act, Chapter 142A of the Massachusetts General Laws.
Chapter 142A section 17, specifies exactly what contractors are prohibited from doing and what constitutes a violation:
1. Operating without a certificate of registration issued by the administrator.
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, persuade or induce the procurement of a 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 registration 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 administrator 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.
16. Demanding or receiving payment in violation of clause (6)
of paragraph
(a) of section two; a. Any deposit required
under the contract to be paid in advance of the commencement
of work under said contract shall not exceed the greater of
one-third of the total contract price or the actual cost of
any materials or equipment of a special order or custom made
nature, which must be ordered in advance of the commencement
of work, in order to assure that the project will proceed
on schedule. No final payment shall be demanded until the
contract is completed to the satisfaction of the parties thereto;
17. Violating any other provision of this chapter.
Any violation of Section 17 can be a per se violation of Chapter 93A, the Massachusetts Consumer Protection Act. Chapter 93A is a consumer friendly statute that prohibits "unfair or deceptive practices" in the marketplace.
In certain circumstances, Chapter 93A may entitle a homeowner who prevails on a claim against a contractor for violation of the Home Improvement Contractor Act to the recovery of multiple damages and attorneys fees.
Before beginning any home renovations, you should always shop around. Find the right contractor and do your home work; make sure the person you are entrusting your home to, will do a good job. But most importantly, know your rights when it comes to home improvements and contractors.
For more information on the Massachusetts Home Improvement Contractor Act or if
you are seeking a construction law attorney or a business lawyer
for any other needs, please contact Garrett Lee. If you prefer,
you can also telephone our offices in Boston seven days a week
at toll free 866-414-0400.
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