Home Contractor vs. Homeowner

Massachusetts Attorney General: Full Article http://www.ago.state.ma.us/sp.cfm?pageid=986&id=1684 1 of 1 1/23/07 9:19 AM Home Page > Media Center > Full Article FORMER NORTH ANDOVER MAN FACES 95 INDICTMENTS INVOLVING VIOLATIONS OF HOME IMPROVEMENT CONTRACTOR LAW June 21, 2006 CONTACT: BETH STONE (617) 727-2543 BOSTON -- A former North Andover man who operated a now defunct sunroom installation company has been indicted on charges he violated the home improvement contractor statute in his dealings with 32 homeowners from across the state, Attorney General Tom Reilly announced today. James Brien, 56 years old, formerly of North Andover was indicted by an Essex County grand jury on one count of larceny by false pretenses and 94 counts of violating the Home Improvement Contractor Statute. He is scheduled to be arraigned on July 6, 2006 at Essex Superior Court in Salem. Brien was the president and owner of North Andover-based American Sunroom Co. Inc., a sunroom installation busin...

Massachusetts Attorney General: Full Article http://web.archive.org/web/20041215000150/www.ago.state.ma.us/s... 1 of 2 1/23/07 10:10 AM Home Page > Media Center > Full Article WATERTOWN CONTRACTOR PLEADS GUILTY TO VIOLATING HOME IMPROVEMENT CONTRACTORS ACT Contractor to pay restitution of $14,100 to 12 consumers May 5, 2003 CONTACT: BETH STONE (617) 727-2543 BOSTON -- A Watertown man has pleaded guilty to multiple home improvement contract violations in connection with work done for 12 consumers from April 2000 through May 2001, Attorney General Tom Reilly announced today. James Pallone, 46, of Watertown, pleaded guilty to 12 counts each of operating as a home improvement contractor without certification, requiring a deposit on a home improvement contract in excess of that permitted by law, and failing to specify start and completion dates on a home improvement contract. Middlesex Superior Court Judge Elizabeth Donovan sentenced Pallone to serve probation of five years and pay re...

In my last post, I included some clauses for consideration when putting together a contract for a renovation project. These clauses are in no specific order, but all offer additional protection for both parties: 1. PEOPLE AUTHORIZED TO MAKE DESIGN DECISIONS AFFECTING THE COST OF THE WORK: The following people are authorized to make design decisions which affect the Cost of the Work: _____________________________________ _____________________________________ (Please fill in line(s) above at time of signing Agreement) 2. CONFLICT OF DOCUMENTSIf any conflict should arise between the plans, specifications, addenda to plans, and this Agreement, then the terms and conditions of this Agreement shall be controlling and binding upon the parties to this Agreement. 3. MATCHING EXISTING FINISHESWhere Contractor's work involves the matching of existing finishes or materials, Contractor will use his best efforts to match ex...

I have discussed contracts frequently on this blog because they offer the best protection to both the homeowner and the contractor when commencing a renovation project. There are some excellent samples of contracts to be found, and like any document, they can always be improved. The Office of Consumer Affairs and Business Regulation in Massachusetts offers one online that is in compliance with our state's laws. The link is: http://www.mass.gov/Eoca/docs/sampcont.pdf Recently, a contractor-colleague asked me to review her contract. It was quite good, but I suggested the following clauses. Please keep in mind that these are in no specific order, but address problems that might arise throughout the course of the project. 1. Here is an example of a payment schedule. You need to include the information about the deposit not being more than 1/3, and the final payment not being paid until the work is done to the mutual satisfaction of the parties: PAYMENT SCHEDULE AND PAYMENT...

Many contractors are particularly confused when it comes to making a decision about what kind of business entity to choose (if any) for their business. Massachusetts offers a number of different options for contractors, and they would be well-advised to seek out the advice of an attorney and an accountant when starting out. A friend and colleague, JT Mann has set up a blog to address just this issue. You can view his blog at http://brazilianbusiness.typepad.com In addition to offering advice to businesses, he focuses on the specific business concerns of Brazilians in the United States and Brazilian companies doing business in the U.S. and vice-versa. As JT says, spending some money up front to set up your business properly can prevent a number of problems in the future.

I have received numerous inquiries from homeowners who have had mechanic's liens placed on their property by contractors or subcontractors. They need to have the lien removed because they are trying to sell their property, refinance or obtain other loans. What can a homeowner do in this situation? If the lien is not legitimate: I received a recent e-mail from a homeowner who had a subcontractor place a lien on the property. The homeowner did not have a contract with the sub. His contract was with the general contractor only, and the contract specified that the GC was responsible for paying all subs. In this case, the homeowner would have to file an action against the sub to dissolve the lien and probably bring in the GC as well. It may be possible to file an emergency application to dissolve the lien, but I assume that a court would only grant this if the lien were not properly perfected (proper steps were not taken). If the basis for dissolving the lien comes from common law ...