Home Contractor vs. Homeowner

I have promised to post about some important home contractor cases in Massachusetts, and the Reddish case was decided in June 2006. In Reddish, the contractor installed a pool and violated a six-foot side lot setback requirement contained in a local zoning by-law. The court held that this was a violation of the Home Improvement Contractor law in Massachusetts that states that contractors must comply with the building laws, and therefore a violation of the Consumer Protection act, as well. The important point to note about this case is that the contractor relied on the homeowner's statement that the property line was at the location of a fence, when in fact, it was not. The contractor deviated from the plans based on the homeowner's "say so," and was then held accountable for this error and was forced to pay the plaintiff's attorney's fees as a result. Therefore, contractors should beware, and make sure that the property has been properly surveyed, that the pl...

Another post by Jerry Soloman, OSHA attorney: Industries are recognized and treated by OSHA as “High Hazard” if their injury rates per 100 workers are higher than the norm. Residential construction and Landscaping are among the industries with the worst injury rates. That is one reason why OSHA has targeted residential building for special emphasis and a greater number of inspections. Last year OSHA made around 1360 inspections of residential building contractors in about 25 states controlled by federal OSHA. They issued fines totaling over $3.2 Million. The most frequent citations were for fall protection; scaffolds; ladders; head protection; hazard communication and electrical. It is hard for a residential builder to follow all the rules and still make money on a job. But think about thousands or even 10s of thousands of dollars in penalties if OSHA catches up with you. Even worse than an OSHA inspection and fine, what if someone gets hurt or killed on your jobsite? It happens...