A CSL is required for any work that involves a building’s structural elements and the holder had to have passed an examination which demonstrates knowledge of the building code. A holder of an HIC registration is not required to pass an examination. The holder is registered with the state and must pay a fee which is deposited in to the Guaranty Fund at the Office of Consumer Affairs. These serve as protections for consumers in the event of a dispute between a homeowner and a HIC holder.
By way of comparison, in order to legally operate a motor vehicle in the Commonwealth, a person is required to be appropriately licensed by the Department of Motor Vehicles. The license demonstrates that the motor vehicle operator has been examined and is qualified to operate the vehicle, a CSL demonstrates a similar qualification for those engaged in building construction. However, the operator must also ensure that the vehicle is registered. The registration is meant to achieve a totally different goal. The registration is a traceable identifier to authorities should something go wrong during the operation of the vehicle. HIC registration is meant to achieve a similar goal.
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Q. Where do I look up the contractor to assure they have a HIC and or CSL license and why?

You may refer to our website www.mass.gov/dps to look-up a license or registration for a contractor. You should do this prior to hiring a contractor to perform the construction.
By checking database records, you can identify the proper (legally recognized) name of the contractor, and confirm whether the contractor is appropriately registered under the home improvement registration program, and/or properly licensed to perform the work. Presently, roofing, siding, demolition and window replacement contractors are only required to be registered as Home Improvement Contractors. However, beginning in July 2008, individuals engaged in these activities will be required to have both a home improvement registration and a construction supervisor license.
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Q. What information is available on the website?

The website will provide the status of the individual’s license (ie; whether it is active, expired, suspended and/or revoked) as well list any complaints filed with the Department.
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Q. I have been on the Department of Public Safety’s website to check whether a contractor is registered as a Home Improvement Contractor or licensed as a Construction Supervisor, but my search indicated that no record of the contractor could be found. He assures me that he is registered. Why am I unable to find him?

There are a number of possible reasons you may not be able to find the contractor you are looking for:
The contractor actually is not registered in Massachusetts.
The contractor’s Home Improvement/Construction Supervisor’s license registration has expired, and has failed to renew their registration/license.
The contractor may have more than 1 complaint on file with the Department which has not yet been adjudicated. If there is more than 1 complaint pending, the Department schedules an expedited hearing on the HIC registration and/or CSL license and the individual will not be listed on our website until the matters have been resolved. It is important to remember that in these instances, the contractor may have a valid registration or license and is merely awaiting the resolution of the complaint.
The contractor’s Home Improvement Registration/Construction Supervisor’s License has been suspended or revoked because of a Hearings Officer’s decision, and ordered, due to a homeowner’s complaint against the HIC/CSL contractors.
If you are searching by name, the name may be misspelled. Be sure to check the correct spelling.
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Q. Should I ask to see a registration and/or card prior to hiring a contractor?

Yes, the Home Improvement registration card, will have a six digit number, beginning with the number 1. (For example: 123456). The Construction Supervisor’s License will always have the contractor’s picture, and the identifying number will begin with CS.
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Q. What types of activities required a Home Improvement Contractor Registration, CSL and/or Building Permit?

NOTE: This table w/footnotes is an “open-ended” list subject to change, addition and/or deletion depending on legislative changes and court and regulatory interpretations, etc. It is not a substitute for applicable law or regulations. (Work Requiring HIC or CSL July 1, 2009) (92kb)
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Q. What if my Home Improvement; Contractor does not have a Construction Supervisor’s License, and my project requires a CSL license?

A Home Improvement Contractor may enter in to contracts with homeowners, however if he/she does not hold a valid CSL, he/she must hire an active Construction Supervisor Licensee to supervise the project. It is the responsibility of both the Home Improvement Contractor and the Construction Supervisor’s Licensee to obtain all building permits prior to beginning the project. Further, all sub-contractors hired by the Home Improvement Registrant must hold not only a Construction Supervisor’s License but a Home Improvement Registration as well.
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Q. I have recently been informed that the contractor I intended to hire to perform work on my house is not registered with the Department. What should I do?

The Home Improvement Contractor Law, Chapter 142A of the Massachusetts General Laws, requires any contractor performing work on an owner-occupied, single-family or owner-occupied, multi-family home (with a maximum of four units) to be registered with the Department. If you hire an unregistered contractor and a problem arises with the contractor’s work, you are not afforded the remedies available under the HIC law nor are you able to collect monies through the Guaranty Fund administered by the Office of Consumer Affairs. You may however submit a complaint with the Department of Public Safety, as an unregistered contractor, see website www.mass.gov/dps.
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Q. I am having my roof replaced or replacement windows or siding work done. Will I need both a registered Home Improvement Contractor and a Construction Supervisor’s Licensee?

Beginning July 1, 2008, all individuals who perform roof replacement, siding, and window replacement will be required to hold both a Home Improvement Registration and a Construction Supervisor’s License.
Individuals who can demonstrate that they have been regularly engaged in these activities for a period of at least five (5) years may be eligible to receive a grandfathered license (without having to take and pass an examination). Click here for the CSL Grandfather Application.
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CONSTRUCTION SUPERVISOR’S LICENSE

Q. What is a Construction Supervisor License?

A license which permits an individual to perform certain types of construction work. A candidate must pass an examination in order to receive the license and must meet certain prerequisites in order to sit for the exam.
There are three categories of license.
• Unrestricted License a person who posses an unrestricted construction supervisors license may supervise individuals involved in the activities identified above for any single or two-family dwelling (or accessory structure) regardless of its size, or any other use building as defined by 780 CMR (the State Building Code) up to 35,000 cubic feet of enclosed space, buildings used for farm purposes and retaining walls less than 10 feet in height at all points along the wall as measured from the base of the footing to the top of the wall.
• Restricted License a person who posses a restricted construction supervisors license may supervise individuals involved in the activities identified above only for any single or two-family dwelling (or accessory structure) irrespective of its size.
• Masonry Only License: As the name suggests a person who posses a masonry only construction supervisors license may supervise individuals involved in the activities identified above for fireplaces, chimneys, required means of egress stairs of masonry construction, masonry retaining walls which retain four feet or more of unbalanced fill, and other masonry structures for which a building permit is required (exclusive of structures requiring construction control as defined by 780 CMR, Section 116).
Effective July 1, 2008 there are four new residential license categories (including roofing, windows and siding, fuel burining appliance installers and demolition).
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Q. When do I need to hire a Construction Supervisor?

A CSL is required for any work that involves a building’s structural elements. A list of work that requires a license includes, but is not be limited to:
Constructing a new home (irrespective of size) or other building type that is less than 35,000 cubic feet in volume.
Constructing an addition to an existing home (irrespective of size) or other building type that is less than 35,000 cubic feet in volume.
Adding a new deck or porch to an existing home or reconstructing an existing deck or porch.
Constructing a new garage, shed or other accessory building (to a new home or other building type) or reconstructing a garage shed or other accessory building.
Renovating an existing home (irrespective of size) or other building type that is less than 35,000 cubic feet in volume.
Check here for more information on determining whether a registered HIC, CSL, or both are required.
Remember that in order to hold a construction supervisor license, the licensee had to have passed an examination which demonstrates knowledge of construction and the building code. A holder of an HIC registration is not required to pass an examination.
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Q. When a contractor hires sub-contractors, must all sub-contractors be registered as a home improvement contractor?

Yes, under M.G.L, c., 142A, all sub-contractors must hold a HIC registration.
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MAKING APPLICATION FOR PERMITS

Q. What is a Building Permit?

Building Departments are required to receive building permit applications with accompanying construction documents for review prior to performing construction in order to assure that the project is completed in accordance with the building code and related standards and is safe to occupy upon completion. Upon satisfactory review, a building permit card is issued to the applicant. The permit card must be posted at the job site until completion.
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Q. Are permit inspections and final inspections from the Local Building Departments required?

Yes, after all necessary permits are acquired, the contractor is required under 780 CMR R5 and 780 CMR R6, to schedule inspections with the municipal inspector as the job progresses.
For example, If you were to construct a deck attached to your home, the contractor must call for inspections; at the placement of the footings, when the structural frame is completed and possibly at other points of construction as determined by the municipal inspector. Larger projects, such as the addition of a family room or bedroom, would require more points of inspection. Although inspection processes may vary slightly from town to town, typically inspections are required for the footings, foundation structural frame, insulation, exterior siding roofing, chimneys and fireplaces. Upon final inspection, a certification of occupancy may be issued.
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Q. Who is responsible for making application for the permit?

Application for a permit is required to be made by the owner or lessee or their agent of the building (e.g.; the HIC registrant or Construction Supervisor Licensee). If application is made other than by the owner, written authorization of the owner must accompany the application. Such written authorization shall be signed by the owner and shall include a statement of ownership and shall identify the owner’s authorized agent, or shall grant permission to the lessee to apply for the permit. The full names and addresses of the owner, lessee, applicant and the responsible officers, if the owner or lessee is a corporate body, shall be stated in the application.
Please note: It is the responsibility of the registered HIC to obtain all permits necessary for work covered by the Home Improvement Contractor Registration Law, M.G.L. c. 142A. An owner who secures his or her own permits for such shall be excluded from the guaranty fund provisions as defined in M.G.L. c. 142A .
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Q. My contractor told me I need to obtain the permits for my construction. May I obtain the relevant permits from my local building department, or is the contractor required to do that?

While you may certainly obtain your own permits, be aware that if you do, you will fall into a homeowner exemption that will disqualify you from being eligible to receive recourse through M.G.L c. 142A, the HIC Law, or the statutorily authorized Guaranty Fund, should a problem arise. It is the responsibility of the registered HIC to obtain all permits necessary for work covered by the Home Improvement Contractor Registration Law, M.G.L. c. 142A. If the HIC you are contracting with refuses, you may wish to reconsider using that contractor’s services.
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MEDIATIONS

Q. Where do I go for mediations?

The Attorney General's Office and your local consumer groups have well-trained and experienced mediators who may be able to help you and the contractor resolve disputes without any additional cost to you. For information and to see if you qualify for mediation, call the Attorney General's Consumer Complaint and Information Section at (617) 727-8400, or visit the Attorney General’s website at www.mass.gov/ago
If you hired a registered home improvement contractor you may be able to submit your dispute to a neutral arbitrator through the State Arbitration Program. In this arbitration program, the homeowner and the contractor will present evidence and testimony to an impartial person, often referred to as a neutral or an arbitrator. The arbitrator will resolve the dispute by issuing a legally binding decision. By law, a registered Home Improvement Contractor automatically consents to arbitration by entering into contracts with homeowners for residential contracting on a 1-4 unit, owner occupied dwelling.
Your decision to seek arbitration through the Massachusetts Home Improvement Contractor Arbitration Program should be based on whether you qualify for arbitration, whether arbitration is an effective method of pursuing your claim, and whether you objectively have sufficient evidence to support your case. Review the questions listed under the COMPLAINT PROCESS on the following page in order to determine whether or not you qualify for arbitration:
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Court Action

Q. What happens if mediation does not work?

If the mediation is unsuccessful, you may pursue your claim through the court system. For claims under $2,000, you may file your claim in small claims court. The Office of Consumer Affairs publishes a Consumer’s Guide to Small Claims Court which is available upon request. You should seek legal advice for all claims.
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COMPLAINT PROCESS

Q. Something has gone wrong with my home improvement project (incomplete work, contract dispute, cost overruns, improper materials, etc). What recourse do I have against the contractor?

In addition to Mediation (see above) you may also take part in an Arbitration Program and/or file a complaint with the Department of Public Safety For CSL Complaints, or the Office of Consumer Affairs for HIC complaints:

Arbitration:

Is there a written contract for the job?

Will this Request for Arbitration be filed within 2 years of the contract date?
Was the contractor registered with the state as a Home Improvement Contractor on the date the contract was signed?
Was the contract for improvements, repairs, renovations, alterations, or additions to a pre-existing, owner-occupied residence with no more than 4 units?
Is the home located in Massachusetts?
Is the property your primary residence?
If you answered “no” to any of these questions, then you do not meet the basic qualifications for the Home Improvement Contractor Arbitration Program. You may want to consult an attorney to explore other legal remedies for your claim.
Please note that if you obtained your own building permit you may be eligible for arbitration (provided you satisfy the qualifications above), but may not be eligible for payment from the Guaranty Fund. Even if you do qualify, the Home Improvement Contractor Arbitration Program may not be the most effective way for you to pursue your claim.
The Massachusetts Home Improvement Contractor Law (M.G.L, c. 142A)establishes two means by which you may recover your damages: arbitration or a traditional suit in court. You should carefully weigh the costs of pursuing your claim through arbitration versus the costs of pursuing a claim in court. For more information regarding arbitration, see the website for the Office of Consumer Affairs and Business Regulations and Standards at www.mass.gov/oca, or call (617)973-8787.
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Q. How do I file a complaint against a licensed Construction Supervisor?

First, determine whether your contractor holds a Contruction Supervisor’s License(“CSL”) by checking the Department’s website. To file a complaint strictly under the CSL you must identify building code violations. If you are not sure whether there are probable code violations, you may wish to hire a competent professional such as an architect or engineer to assist with these findings. Your local Building Department may also be able assist.
To file a complaint against a registered Home Improvement Contractor or a Construction Supervisor Licensee, begin by downloading and completing the CSL Complaint Application Form, available on the Department of Public Safety’s website at www.mass.gov/dps. The Complaint Application Form should include supporting documentation, including photographs (limited to 5 photographs per complaint), building plans only (11x17), contracts and other documents. All documents including the application, photographs and support material must be burned onto a CD and submitted with the Complaint Application Form to:
Program Coordinator
Board of Building Regulations & Standards
CSL Program
One Ashburton Place, Room 1301
Boston, MA 02108
Complaints are reviewed for violations of M.G.L, c. 142A (the Home Improvement Contractor Law) and 780 CMR (the Massachusetts State Building Code). If violations are identified, the complaint is processed and placed in the queue to be scheduled for a hearing before a Hearings Officer. The complainant will receive a written acknowledgement of the complaint or a letter indicating that the complaint was incomplete and a request for the required missing documents. The contractor will receive written notification that a complaint has been filed along with a copy of the complaint and the supporting documentation. Likewise, the municipal building official in the city or town in which the work was performed will receive notification of the complaint. The Department schedules complaints on an “as received” basis. Due to the backlog of pending matters, hearings are typically scheduled one year from the date of receipt.
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Q. What if I do not include all necessary paperwork for my complaint?

a. You must submit the following required documents on a CD along with a hard copy of the 3 page signed complaint form:

b. a signed complaint application
c. copy of the building application (you will find at your local building dept)
d. a brief history in writing from the time of signing the agreement to the ending of the work perform.

e. Bank checks paid to your contractor

f. Photos (only up to 10)
Your complaint will not be processed if you fail to provide these documents in this format.
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Q. I filed a complaint a few months ago, but have not received any a hearing date yet. How do I determine if and when my complaint will be heard?

Due to the high volume of complaints received by the Department through the CSL programs, the Department generally schedules hearings one year out from the date the complaint was received. Typically, notification of the hearing date is mailed 3-4 months in advance of the hearing. Therefore, if you have not received a hearing date, it is because it has not been scheduled.
You may also check the status of your complaint on-line through the Department of Public Safety’s website under “Online Services.” Please do not call the Department for the status of a pending complaint. Complaints with a status listed as “Pending” are in the process of a waiting for a hearing before a Hearing Officer. Complaints with a status listed as “Closed” have been heard or otherwise resolved. Complaints with a status listed as “Dismissed” have been dismissed by the Hearings Officer. You will be notified in writing once a date for the hearing is determined. Click here for license Lookup
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Q. What if I have a conflict and need to reschedule the hearing date?

Due to the volume of complaints received by the Department, the Hearings Officer will only reschedule a hearing in extenuating circumstances, and only after a written request is submitted. All requests for continuances must be made in writing and state the basis for the request and shall be copied to the opposing party. All requests should be sent to the attention of the Program Coordinator who will direct it to the appropriate hearing officer.
Program Coordinator
Board of Building Regulations & Standards
CSL Program
One Ashburton Place, Room 1301
Boston, MA 02108

You will receive a written determination on the request.

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Q. What occurs during the CSL hearing process?

All CSL complaints filed with the Board of Building Regulations and Standards are reviewed for jurisdiction and possible violations of M.G.L, c. 142A, and the Massachusetts State Building Code, in the case of a Construction Supervisor Licensee. If the Department determines that it has no jurisdiction over the complaint, the complaint is dismissed and written notification is sent to the homeowner. Reasons for a dismissal may include a complaint filed against an unlicensed contractor or a complaint regarding a property that is not owner-occupied.
If potential violations are identified, the complainant/homeowner, respondent/contractor, and municipal building official are notified that the complaint has been received. The parties are also notified that all correspondence received relative to the pending complaint must be forwarded to the Program Coordinator, to be assigned to the case for response. Ex parte communication (communication between the Hearings Officer and one party to a complaint) is strictly prohibited. Therefore, all inquiries relative to a pending case, including requests to continue or dismiss the case, shall be in writing, copied to the opposing party, and referred to the Program Coordinator to be assigned to the appropriate Hearing Officer for written response.
Once a hearing is scheduled, all parties shall be notified in writing. Due to the volume of complaints received by the Department, hearings are not immediately scheduled upon receipt of the complaint and, in general, may be scheduled approximately one year from the date the complaint is received. Parties are generally notified 2-4 months in advance of the hearing.
On the day of the hearing, both parties must attend the hearing. Parties may represent themselves or choose to be represented by an attorney. Both parties will be given the opportunity to give testimony on the facts, as included, in the complaint and answer questions posed by the Hearings Officer. These hearings will generally last no more than 2 hours, depending on the complexity of the case. The Hearings Officer will take all testimony into consideration, and will issue a written decision, following the hearing, which will include sanctions, if any. Generally, decisions are issued within 90 days of the hearing. The Hearings Officer will not issue a decision on the day of the hearing.
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Q. I hired a contractor to perform work on my home. The contractor began the work, but has since abandoned the job, leaving it unfinished. What should I do?

File a complaint using the CSL Complaint Application Form. Abandonment is a violation of M.G.L ,c.142A, the Home Improvement Contractor Law. The Department further recommends that you contact a licensed attorney with further questions relative to the legal implications of hiring another contractor to complete the job.
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Q. Can I file a complaint at the Officer of Consumer Affairs & Business Regulations, before I process a complaint with the Department of Public Safety, Board of Building Regulations & Standards?

Yes. Due to the large volume of complaints taken in from both agencies, please make sure to file with the OCA, to get your complaint started to assist with monetary damages providing you qualify for the fund. Remember to check the date of signing the agreement with your contractor, as you must file within a two year period for the fund and must meet all other requirements.
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Q. An unregistered contractor recently performed work on my home that I am very unhappy with and I wish to file a complaint. What should I do?

Homeowners who use unregistered contractors are ineligible for the protections provided by the HIC Law to collect from the HIC Guaranty Fund. Homeowners seeking recourse against an unregistered contractor may do so through the courts by filing a civil complaint against the contractor or may file a complaint with the Attorney General’s Office using the Attorney General’s Consumer Complaint Form or call the the A.G.’s Consumer Hotline at (617) 727-8400 for additional information.
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Q. If I am simply not satisfied with the craftsmanship of a licensed construction supervisor, are complaint procedures available?

Perhaps. If a Construction Supervisor has violated the provisions of the code in some manner, a complaint may be filed. It is important to recognize, however, that the license does not guarantee quality workmanship and complaints in this regard may not be appropriate for the Department’s hearing process. If a hearing is scheduled, the license holder is required to appear before a License Review Committee or hearings officer as assigned by the Chairman of the Board of Building Regulations and Standards to address matters of the complaint. Hearings are held in accordance with State Administrative Procedure Act, M.G.L., c. 30A, and 801 CMR 1.02.
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Contractor's Information for applying for a Construction Supervisor's License

Q. What type of work requires that I have a Construction Supervisor’s License ?

A CSL is required for any work that involves a building’s structural elements. A list of work that requires a license includes, but is not be limited to:
Constructing a new home irrespective of its size or other building type that is less than 35,000 cubic feet in volume.
Constructing an addition to an existing home irrespective of size or other building type that is less than 35,000 cubic feet in volume.
Adding a new deck or porch to an existing home or reconstructing an existing deck or porch.
Constructing a new garage, shed or other accessory building (to a new home or other building type) or reconstructing a garage shed or other accessory building.
Renovating an existing home irrespective of size or other building type that is less than 35,000 cubic feet in volume.

Check here (91kb) for more information on determining whether a registered HIC, CSL, or both are required.
Remember that in order to hold a construction supervisor license, you must pass an examination which demonstrates knowledge of the building code. A holder of an HIC registration is not required to pass an examination.

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Q. I have a Construction Supervisor’s License, do I need a Home Improvement registration?

Most construction projects will require both a licensed and registered contractor. A contractor possessing only a home improvement registration may perform only small projects that would typically be considered ordinary repairs to a property (such as painting, wallpapering, repairing existing decking and similar jobs). Larger projects, such as building a deck or an addition to an existing home or any project that includes structural work (to an existing single to four family, owner occupied home) would require both a license and registration. However, the license and registration may not necessarily be possessed by the same person. For example, a registered contractor could subcontract larger projects to another individual and\or company as long as that individual or company possesses both a license and registration to perform the work.
780 CMR R6 (HIC Rules and Regulations), Section R6.1.6 identifies those who are exempt from registration or renewal. If your business activity is not listed among the exemptions and you or your business is typically involved in performing improvements to single to four family, owner occupied homes, it is likely that you would need to possess a Home Improvement Contractor Registration. You may view the list of exemptions at the Department’s website by accessing the State Building Code (780 CMR).
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Q. What is a “new construction”?

For purposes of Home Improvement Contractor "HIC" Registration, a new construction project is defined as the construction of new home. New home construction is not covered by HIC program regulations. However, construction of an addition to an existing single to four family, owner occupied home is covered by program regulations.
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Q. Do you need a Construction Supervisor’s License and a Home Improvement Registration to construct an addition to an existing home?

Yes. See, M.G.L., c. 142A, and 780 CMR R5.
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Q. How do I know I am following the right contracts with homeowners?

The Attorney General’s Office offers a sample contract for a contractor to follow. Please refer to the Attorney General’s Office’s website to obtain a copy.
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Q. What are considered to be violations of M.G.L., c. 142A and\or 780 CMR R6 (HIC Rules and Regulations)?

PLEASE READ CAREFULLY TO MAKE SURE YOU ARE FOLLOWING THE LAW
A. The following list identifies violations of Chapter 142A, Section 17 and 780 CMR R6, the program regulations
1. Operating without a certificate if registration issued by the administrator;
2. Abandoning or failing to perform, without justification, any contractor or project engaged in or undertaken by a registered contractor or subcontractor, or deviating from or disregarding plans or specifications in any material respect without the consent of the owner;
3. Failing to credit to the owner any payment they have made to the contractor or his salesperson in connection with a residential contracting transaction;
4. Making any material misrepresentation in the procurement of a contract of making any false promise of a character likely to influence, persuade or induce the procurement of a contract;
5. Knowingly contracting beyond the scope of the registration as a contractor or subcontractor;
6. Acting directly, regardless of the receipt or the expectation of receipt of compensation or gain from the mortgage lender, in connection with a residential contracting transaction by preparing, offering, or negotiating or attempting to or agreeing to prepare, arrange, offer or negotiate a mortgage loam on behalf of a mortgage lender;
7. Acting as a mortgage broker or agent for any mortgage lender;
8. Publishing, directly or indirectly, any advertisement relating to home construction or home improvements which does not contain the contractor’s or subcontractor’s certificate of registration number or which does contain an assertion, representation, or statement of fact which is false, deceptive, or misleading;
9. Advertising in any manner that a registrant is registered under this chapter unless the advertisement includes an accurate reference to the contractor’s or subcontractor’s certificate of registration;
10. Violations of the building laws of the commonwealth or of any political subdivision thereof;
11. Misrepresenting a material fact by an applicant in obtaining a certificate of registration;
12. Failing to notify the administrator of any change of trade name or address as required by section thirteen;
13. Conducting a residential contracting business in any name other than the one in which contractor or subcontractor is registered;

14. Failing to pay for materials or services rendered in connection with his operating as a contractor or subcontractor where he has received sufficient funds as payment for the particular construction work, project or operation for which the services or materials were rendered or purchased;
15. Failing to comply with any order, demand or requirement lawfully made by the administrator or fund administrator under and within the authority of this chapter;
16. Demanding or receiving payment in violation of clause (6) of paragraph (a) of section two which states: “a time schedule of payments to be made under said contract and the amount of each payment stated in dollars, including all finance charges. Any deposit required under the contract to be paid in advance of the commencement of work under said contract shall not exceed the greater of one-third of the total contract price or the actual cost of any materials or equipment of a special order or custom made nature, which must be ordered in advance of the commencement of work, in order to assure that the project will proceed on schedule. No final payment shall be demanded until the contract is completed to the satisfaction of the parties thereto;
17. Violating any other provision of Chapter 142A.
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Q. Can the contractor ask for more than a 1/3 for a down payment?

Only when the homeowner has requested special project considerations that may require monies in excess of a one-third payment. The contract should identify the special conditions and that the owner agreed to the increased down payment and the amount of the down payment.
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Q. I am a contractor and I recently received notification that a complaint has been filed against my Construction Supervisor’s license. What does this mean? What do I need to do?

The Department of Public Safety notifies Construction Supervisor Licensees whenever a complaint is filed against them by a homeowner. Enclosed with the notification you should have received a copy of the CSL Complaint Application Form completed and signed by the homeowner, as well as a CD that contains files with the documentation that the homeowner is claiming supports the complaint. You have 30 days in which to respond to the complaint. You must respond in writing to the Department.
Once you are notified of the complaint and the complaint has been reviewed by the CSL Program Coordinator or a Hearings Officer to confirm the Department’s jurisdiction, a hearing will be scheduled before one of a Department Hearings Officer. You will receive notification of the hearing date approximately 3-4 months in advance of the hearing. Due to the volume of complaints received by the Department, the Hearings Officer will only reschedule a hearing in extenuating circumstances and only after a written request is submitted. From this point forward, any and all communication must be directed to the Program Coordinator and a copy of the communication must be forwarded to the homeowner making the complaint at the same time the communication is sent to the Hearings Officer. The homeowner owes you the same obligation in communication with the Department.
The hearings generally last for 2 hours and are held in Boston. During the hearing, both the homeowner making the complaint and the contractor will be given an opportunity to present their arguments and answer questions posed by the Hearings Officer. You may, but are not required to, obtain an attorney to represent you during the hearing. Following the hearing, the Hearings Officer will make a determination of what, if any, violations occurred and what sanctions are appropriate. Possible sanctions may include a reprimand, suspension or revocation of your license or registration, fines, or any combination thereof. The Hearings Officer has up to 90 days to issue a decision. Contractors aggrieved by the decision may appeal the Hearings Officer’s decision to the Superior Court.
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Q. What do I need to do to reinstate my HIC registration or reactivate my CSL following a decision that took action against it?

If a registration or license is suspended by a Hearings Officer, it shall remain suspended for the term of suspension and until such time as the registrant/licensee formally requests in writing that it be reinstated. The registrant or licensee must also demonstrate that they have complied with all conditions imposed on them during the term of their suspension and that all fines assessed to the contractor have been paid in full.
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Q. I am listed as “Do Not Renew” status What does this mean?

If a contractor has one or more pending complaints against his license/registration, he is placed in a “Do Not Renew ” status and an expedited hearing is scheduled. Hearings are typically scheduled within 90 days of the Do Not Renew status. The license/registration will not be automatically renewed until the complaints have been resolved.
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Q. The information provided to the Department at the time of application is outdated. What should I do?

It is the contractor’s obligation to notify the Department in writing of any changes to the information provided to the Department.
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