Consumer Protection for Construction Projects
Consumers who have been unfairly treated or deceived by their construction contractors have remedies available to them. Chapter 93A of the Massachusetts General Laws is the Commonwealth’s consumer protection statute. A construction consumer protection attorney in Boston and Burlington can help you understand your rights.
Whether a contractor didn’t finish the home repairs called for in a written contract or a construction project’s costs skyrocket without any discernible reason, you may wonder what to do next. Do you have any other recourse, or do you just hope your contractor or builder can provide a reasonable explanation for their actions?
You may have a legal case under the Massachusetts consumer protection statute, which protects residents from unfair or deceptive practices. Too often, consumers do not understand their legal rights. Calabrese Law Associates can help you protect yourself during the home construction and improvement process.
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Table of Contents
What Is Consumer Protection?
Massachusetts Consumer protection for construction projects is essential for shielding property owners from deceptive or unfair business practices implemented by contractors and other construction professionals. They also help ensure quality workmanship and defect repairs as stipulated by the written contract.
The concept behind MA consumer protection law is that all buyers should receive the goods or services a contractor promises to deliver. It also provides legal recourse for consumers if contractors attempt to collect payment without fulfilling their contractual obligations. If the contractor fails to deliver, it could constitute a violation of consumer protection laws.
Understanding Chapter 93A Examples
Chapter 93A is the Massachusetts Consumer Protection Act, which prohibits unfair or deceptive business practices in the Commonwealth. Consumers who believe they have been wronged by a Massachusetts construction contractor or another business entity in Boston, the Greater Boston Area or anywhere in Massachusetts can file a lawsuit under the act and seek compensation.
Examples of 93A violations include:
- Charging a consumer higher rates than advertised on a home improvement or construction project.
- Misleading the consumer about the work they are getting done or leaving out relevant information.
- Failing to satisfy a warranty agreement.
- Violations of Massachusetts General Laws Chapter 142A, which governs residential construction projects in Boston and throughout Massachusetts.
Common Violations in Massachusetts Construction Projects
Violations of Chapter 93A of the Massachusetts Consumer Protection Act occur in a wide range of contexts. Common examples include:
- Making any false or misleading statement with the intent to force you to sign a Massachusetts construction contract.
- Any false representation by a construction professional regarding their competence to perform the agreed-upon work.
- A contractor’s misrepresentation as to their registration or construction licensure.
- Failure to disclose a material fact that would have affected your decision to sign the construction contract.
- Any violation of the local zoning or Massachusetts building code laws by a construction contractor in the performance of construction work.
- A construction contractor’s demand of more than 1/3 of the contract price for residential construction work valued at more than $1,000.
- A contractor’s failure to provide the homeowner with a payment schedule and other required provisions when working on a residential property with a contract price of more than $1,000.
Massachusetts Chapter 142A Specifications
In the context of Massachusetts construction, Chapter 93A commonly applies to the conduct of residential home improvement contractors. Contractors are engaged in “trade” or “commerce” because they are in the business of providing residential contracting service. Chapter 142A of the Massachusetts General Laws governs residential construction work in Boston, Burlington, and throughout Massachusetts. Every contract for residential contracting services exceeding $1,000 must be in writing. Several specific terms must be in the contract, which are enumerated in Section 2 of Chapter 142A. As our firm’s construction consumer protection lawyers would advise you, required terms include but are not limited to:
- The full agreement between you and the contractor, with a clear description of any documents that are also incorporated therein.
- A detailed description of the work to be done and the materials to be used in performing that work.
- The total amount to be paid, including a time schedule of payments and the amount of each payment, stated in dollars. If the contract has any advance payments, it cannot exceed one-third (1/3) of the total amount.
- The signatures of all parties to the contract. This means both you and the contractor.
The contractor must inform you of: (1) all permits required to do the work; (2) that the contractor is obligated to obtain the permits; (3) that you will be excluded from the guaranty fund provisions of Chapter 142A if you secure your ownpermits beforesigning a contract.
Before signing any contract, make sure to read it carefully. If necessary, consult with the experienced Boston construction attorneys at Calabrese Law Associates. Please be aware that a Massachusetts construction contract will not be invalidated because of its noncompliance with Chapter 142A requirements.
Examples of 142A Violations
Massachusetts Contractors in Boston, Burlington, and throughout the Commonwealth also have several actions they cannot take. As your construction project consumer protection law firm can explain, these activities, among others, violate Section 17 of Chapter 142A:
- Not being registered with the Commonwealth or making a misrepresentation of material fact in applying to become a registered contractor. This is a very common violation;
- Abandoning a project or failing to perform the work agreed on in the Massachusetts construction contract;
- Making any material representation or false promise designed to persuade or induce you to sign a Massachusetts construction contract;
- Knowingly contracting beyond the scope of its registration;
- Violating the building laws of the Commonwealth(i.e.,Massachusetts Building Code, Fire Code, etc.); and
- Deviating from or disregarding the building plans or specifications of a project without your consent.
- Any violation of Chapter 142A is a de facto violation of Chapter 93A. The above-named violations can also be raised as independent claims, which our construction project consumer protection attorneys in Boston and Burlington,Massachusetts, candiscuss with you.
Steps to Take If Wronged by a Contractor
If you believe you are the victim of unfair or deceptive practices by a construction contractor for Massachusetts construction project, you must comply with Section 9(3) of Chapter 93A. Your attorney can initiate the process by preparing and mailing a letter to the contractor demanding relief for damages resulting from the practice and describing the specific injuries incurred.
Upon receiving the letter, the contractor has 30 days to respond with a reasonable written offer of settlement. You are not legally obligated to accept the contractor’s offer. However, if a court determines that the offer is reasonable, it could impact your ability to recover damages beyond the initial offer.
If the contractor chooses to sue you, you do not need to adhere to this procedure to assert a Chapter 93A claim via a counterclaim. Instead, you can assert the counterclaim in your response to the construction contractor’s claim.
Remedies and Legal Recourse in Massachusetts
You can recover actual damages in your case. You may even get two to three times the damages and your attorney fees, but the court may also find that damages should equal the amount offered in your demand letter, if that total was reasonable.
If you are found to have been damaged by a knowing and willful violation of Chapter 93A, you may seek to recover “actual damages” plus double to treble (3x) damages, attorney fees and expenses related to the litigation at the Court’s discretion. However, damages can be limited to an offer of relief that was made in response to your demand letter if the court finds the offer to have been reasonable in relation to your actual damages.
A reasonable offer, which is sufficiently detailed for you or your construction project protection lawyer to ascertain its value, will cut off your entitlement to multiple damages. Regardless of whether you received an offer of settlement, your damages will likely be limited to those, which are reasonably foreseeable consequences of the seller’s unfair or deceptive activity.
Why Trust Calabrese Law Associates?
Calabrese Law Associates is a fierce advocate for consumer rights in Massachusetts, specifically in the Greater Boston Area. Our firm possesses the relevant construction industry knowledge and insight you need to attain the best possible outcome if you experience wrongdoing by a construction contractor.
We work efficiently to deliver industry-leading legal representation at a reasonable fee. Our attorneys are also accessible to our clients — we return phone calls in a timely manner and respond promptly to all inquiries .
Contact Our Firm for a Consultation
If you believe your contractor or construction company violated consumer protection laws, reach out to the attorneys at Calabrese Law Associates. We can discuss the parameters for a Chapter 93A claim, advising you on your case and how to achieve the best possible outcome. Our team cares about your situation, and we are ready to work with you on everything from a violated home improvement contract to identity theft that can compromise consumer protections.
If you have a question about a potential Chapter 93A claim involving a Massachusetts construction contractor, we encourage you to contact our office. It’s important toaddress thesetypes of construction issues right away. The attorneys at Calabrese Law Associates remain easily accessible throughout your case, showing you how much we care. Set up a free initial consultation by calling 617-340-6623 or filling out our online intake form . One of the firm’s Massachusetts construction law and consumer protection attorneys will get in touch with you within one business day.
While Calabrese Law Associates does offer legal help for landlord-tenant disputes, it is extremely rare that we take on these cases. Only about 1% of tenant-related cases and 10% of landlord-related cases will be considered by our law firm.
