Anatomy of a Claim Against a Contractor

Even though every client's claim is different, there is a common approach to most home contractor/homeowner disputes. Clients want to know the big picture and the pros and cons of the options available to them. From the homeowner side, the steps to take are fairly consistent:

1. Send a demand letter-In Massachusetts, any violation of the Home Improvement Contractor Statute is a per se (automatic) violation of the Consumer Protection Statute, M.G.L. c. 93A, which affords one the possiblity of double or triple damages, attorney's fees, interest and costs. In order to comply with the requirements of 93A, one must write a 30-day demand letter describing the unfair and/or deceptive practice that has occurred and making a demand for damages or action on the part of the contractor.

2. Evaluate-Evaluate whether there has been a response from the contractor and see if settlement is possible.

3. File suit or file for arbitration-In order to file suit, determine the likelihood of success and see whether a judgment would be collectible. See whether the contractor has any assets that can be attached (if one can put a lien on the asset).

See if the case qualifies for the state run Home Improvement Contractor Arbitration Program. Read the contract to see if there is an arbitration clause. Determine if the other side will consent to private arbitration or mediation.

Discuss the pros and cons of arbitration vs. litigation.

Continue to see whether settlement is an option.

Even though the consumer may be able to claim attorney's fees, he should always keep in mind that they are not usually included in a settlement figure, and judgments are not always collectible.

Homeowners should therefore try not to throw good money after bad, and should continually re-assess as the process continues. Litigation can become quite costly fairly quickly, so parties should make informed decisions about how to proceed.

Tomorrow-Claims From the Contractor Side

Comments

Alex said…
The down side to these batteries is its cost and need for periodic discharge. The new battery for laptop is rarely completely charged. This is usually done either by train or auto transport carrier to your new location for a flat fee.
Stephen Cohen said…
The HIC law states that it applies to a building with 4 units how is the law different if there are 5 units in the building.
Anonymous said…
With havin so much written content do you ever run into any problems of plagorism or copyright violation?
My blog has a lot of exclusive content I've either written myself or outsourced but it appears a lot of it is popping it up all over the web without my permission. Do you know any solutions to help protect against content from being stolen? I'd certainly appreciate it.


Here is my site: pc repairs Johannesburg
Anonymous said…
I think this is one of the most vital information for me.
And i'm glad reading your article. But wanna remark on few general things, The site style is perfect, the articles is really great : D. Good job, cheers

My web blog hd pvr decoder
Anonymous said…
What's up it's me, I am also visiting this website daily, this website is really fastidious and the viewers are actually sharing fastidious thoughts.


Also visit my blog diet that works
Anonymous said…
Wow, wonderful blog layout! How long have you been
blogging for? you made blogging look easy. The overall look
of your web site is great, as well as the content!

Also visit my web-site; visit this site
Anonymous said…
What's up, everything is going fine here and ofcourse every one is sharing information, that's truly good, keep
up writing.

my web blog click the site
Anonymous said…
My brother suggested I might like this web site.
He was totally right. This publish actually made my day.
You cann't believe just how much time I had spent for this information! Thanks!

Here is my web page: click this site
Anonymous said…
For newest news you have to visit web and on the web I found this site as a most excellent web page for latest updates.


Visit my blog post - click this site
Anonymous said…
Do you have a spam issue on this website; I also am a blogger, and I was curious about your situation; we have created some nice procedures and we are looking to exchange methods with other folks,
be sure to shoot me an e-mail if interested.

Look at my web page panele rzeszow
Anonymous said…
There are two main types of Cosmetic denture making: Special impressions
are taken and a record of the bite. A Dentist In Plano Tx can make you most gorgeous and beautiful because smile
is the symbol of good living, and there seems to be a Dentist In Plano Tx.
Precise post-surgical instructions are given to alleviate dental issues.

The online booking service is the best material to use for veneers.
If so, you may have to use such as a broken tooth? Experience is another quality you should insist upon.


My web-site: plano texas dentist
Anonymous said…
377 They agreed the object was visible for about fifteen minutes and had a 13-year-old
son of her own. We can entice people to move to kdex dexter
missouri for our school district to reach peak performance.
Patrick should be on some sort of wishful thinking, mistaken identity or hysteria
fitting with the times and understood technology, minds being influenced by media, etc.


Here is my weblog - Zach :: ::

Popular posts from this blog

Worker's Compensation Information Available Online At the Massachusetts Department of Labor Website

When Contractors Fail to Pay Subcontractors