Home Contractor vs. Homeowner

I received the following interesting response to my last post. I am not endorsing this organization, but they may provide useful information for homeowners: Many of the homeowners who contact us with builder complaints tell us that collecting is difficult. They have trouble finding good lawyers because of this. Homeowners are often prevented from suing because due to arbitration clauses. Of those that get arbitration or court awards, many have trouble collecting it. Arbitration has shown itself to have great potential for bias and abuse, and since it’s a private record, it hides complaints from the public when home buyers try to research builders before buying. Licensing agencies, (in the approximately half of the states that license builders at all), often protect builders more than consumers. Building codes aren’t being consistently enforced either. Many of the homes we hear complaints about have code violations, including serious ones that affect safety. The consumer is to...

Two weeks ago I obtained a judgment for a client against a contractor in the amount of $215,000.00. This included triple damages, attorney's fees, interest and costs. It was a great victory, but there is a problem: the defendant is virtually judgment-proof. In any lawsuit, a cost-benefit analysis needs to be done to determine if it is worthwhile to pursue a claim against a defendant. The money spent has to be balanced against the ability to collect a judgment if it is obtained. The best way to secure a potential judgment is to move for prejudgment attachments. The most common asset to attach is real estate. In Massachusetts, the plaintiff must demonstrate a likelihood of success on the merits (the he or she will probably win), and that the defendant does not have liability insurance to satisfy a claim. It the attachment is done "ex parte" (without notice to the other side), the plaintiff must also show that the defendant is likely to convey the property if given no...

I know that my posts have been infrequent over the last two months, but I have some exciting news about developments in my practice. I have moved to a new office, and my new contact information is listed in my profile. In addition, I have hired a full-time assistant, which will hopefully leave me more time to post. I plan to post on some recent cases that have affected the law regarding homeowner-home contractor issues. I will also continue to provide advice about how to avoid the common pitfalls that can occur. More posts to come...

The following link offers a useful article about hiring a home contractor: http://www.consumerreports.org/cro/personal-finance/what-if-you-need-to-hire-a-contractor-705/index.htm?resultPageIndex=1&resultIndex=2&searchTerm=contractor%20check

Most contractors start out on the same page as the homeowner. It is their goal to create a successful result that they can be proud of, and that will make the homeowner happy. Relationships usually begin on a good note. One of the issues that can derail a project, however is when the cost of materials increases. An unforseen hike in prices can cause a dramatic decrease in the contractor's profit and cause him or her to feel the need to cut corners in order to get the job done. The question is, how can this be avoided, and what should a contractor do if this happens? As always, a good project starts with a good contract. When a contractor hands a homeowner a proposal, that proposal should have an expiration date. Individuals vary greatly in their timeline for making a decision and implementing a renovation or addition. A homeowner may take a proposal and then end up being delayed in starting a project for any number of reasons. A contractor should not be forced to stick w...