Services for Homeowners
The wisest use of legal services isbefore the problem develops or getting involved as early as possible in a dispute
situation. We can help homeowners with reviewing contractors’ proposals
and contracts, making sure that they comply with the Massachusetts Home
Improvement Contractors statutes and regulations. Quite often, the contracts
you may be tendered are not in full compliance of the statutory scheme
for home improvement contracts. Insufficiency with contract terms makes
obligations due under the contract unsure. The following are some of the
things an owner is entitled to under these statutes:
For example, did you know that all home improvement contracts over one
thousand dollars have to be in writing? That the date on which the work
under the contract is scheduled to begin and the date on which said work
is scheduled to be substantially completed must be provided in the contract?
That the contract must include a detailed description of the work to be
done and the materials to be used in the performance of said contract?
That the total amount agreed to be paid for the work to be performed under
said contract has to be stated in the contract? That a time schedule of
payments to be made under said contract must be provided in the contract?
That the owner must be furnished with a copy of the contract signed by
both the contractor and the owner? That no work shall begin prior to the
signing of the contract and transmittal to the owner of a copy of such
contract? That the homeowner has a three day right to cancellation?
In addition, what we see frequently with issues with home improvement contracts
that turn into disputes is that the scope of the work - and, the
exclusions to the scope of work - are not sufficiently defined in the contract. Homeowners
can benefit from Mr. Sauer’s thirty-four years of experience with
these issues. And, if desired, we can do this review of the proposal and
of the contract for a flat fee. (No hourly billing!)
In addition, we can assist the homeowner with negotiations with the general
contractor, both with initial contract issues and with change order issues.
We find that with most home improvement jobs, the owner has not retained
an architect and, therefore, may not be familiar with the technical aspects
of disputes or with what is usual within the construction industry.
Please note that the home improvement contracts statutes provide for arbitration and mediation of disputes in certain circumstances. If you need an attorney to represent you at a mediation, or with arbitration/litigation, contact us today.