Home Contractor vs. Homeowner

Today I was speaking with a potential new client, and it occurred to me that many homeowners have no idea what to do when they have problems with a contractor. They feel helpless as the contractor has control over what is happening to their home, and they do not know how to deal with the situation when a contractor is doing poor quality work. There are some things a homeowner can do that will help a lawyer understand the details of the situation. First of all, if there have not been any inspections done, the homeowner should call the local building inspector and ask him or her to come and evaluate the work. If work is not up to code, that strengthens the homeowner's case and let's him know if work needs to be re-done. In addition, the homeowners should call contractors to come and give quotes for the cost of completing the job. This is one way of determining the amount of damages, and helps a lawyer decide the right approach to the claim. If a job was supposed to cost $10...

Here is a guest post from Michael Radner, Landscape Architect: There are many reasons to improve the landscape around us. Many studies have determined that shoppers spend more time and money in stores shaded by street trees. Property values of single family or multi-family homes are as much as 15% higher when they are set in well-designed, well-maintained landscapes. Test scores go up when school classrooms have visual access to trees and open space. The mental and physical health benefits of healing gardens in hospitals is well documented, and even crime is reduced in neighborhoods planted with trees. Yet many home and business owners don’t know how to get started when the need or desire for landscape improvements hits. There are three basic options for those who don’t want a “do it yourself” job. 1. Hire a “Design/Build” company to take you from design through construction. This is an attractive option, as it gives the consumer or builder a one stop shop for services. These a...

Most of the posts from the homeowner side in this blog involve renovations or additions. As such most of these disputes involve contractors who are covered by the Home Improvement Contractor Law, or M.G.L. (Massachusetts General Laws) c. 142A. What should a homeowner do, however, if he or she is involved in a dispute with a builder? As I have said so many times before, a good contract should actually prevent disputes and spell out the procedure for dealing with problems before they arise. Unfortunately, builders and homeowners alike often undertake large projects without consulting with a lawyer (who focuses on these things) and they then suffer the consequences when a disagreement occurs. If homeowners develop problems with their builders, they should start off with a demand letter outlining the problem, and the solution that they would prefer. If the claim is in Massachusetts, the demand letter should be under the Consumer Protection statute. If the issue cannot be resolved, then th...

I recently attended the annual showcase event sponsored by The Blue Book, where contractors and subcontractors can meet and exchange information. The Blue Book is really a book, that lists tradespeople by their professions (including lawyers) and is a great resource for finding help when needed. The event was quite lively and well-attended, and numerous types of companies were represented. For example, there was a construction company whose specialty is constructing dentists' offices. These companies do all kinds of construction, from commercial to residential to renovations. So the next time you are looking for a subcontractor, check out The Blue Book. Here is the website: http://www.thebluebook.com

It is only natural for a contractor to want to get paid for his or her hard work on a project. When a homeowner refuses to pay, it can be for any number of reasons, and they are not always reasonable. The homeowner may expect extras to be thrown in without additional cost, or may have standards that are unrealistic. He or she may also not recognize that reasonable delays occur. In any event, contractors will frequently decide to sue homeowners after trying to collect. However, in Massachusetts, contractors run a huge risk by filing suit. Unless their contracts are in compliance with the Massachusetts Home Improvement Contractor Law, they may be exposed to liability under the Consumer Protection Act, M.G.L. c. 93A. This could subject the contractor to double or treble damages, attorney's fees, interest and costs. So, contractors should make sure, in advance, that they are properly registered, and that their actions are in compliance with the law. In addition, they should ha...