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To apply to the Fund, a homeowner must file a claim application within six months of the court judgment date or arbitration award. Homeowners must also demonstrate that all reasonable efforts to collect the judgment have been exhausted. Although it may take longer than six months to obtain satisfactory evidence of "reasonable legal efforts" to collect the award, the application to the Fund must be submitted within six months of the initial judgment or award, and it will be held for review until the evidence is provided.
Be certain to include all the documentation required by the Section 9 (See additional info). Failure to complete your claim fully and legibly could result in denial or delay of your claim. You must submit your claim application within six months of your arbitration award or court judgment date. Claims filed after six months of the initial arbitration award date or court judgment date will not be accepted.
Make a copy of your entire claim, including all supporting documentation, for your personal records. Mail the original, notarized Claim Application together with a copy of supporting documentation listed in the Section 8 Claim Checklist to:
Guaranty Fund Administrator
Office of Consumer Affairs and Business Regulation
501 Boylston St, Suite 5100
Boston, MA 02116
If you have questions about the filing of this claim, you should contact the Office of Consumer Affairs and Business Regulation for more information:
Guaranty Fund Program Coordinator
You must complete the Claim Application, using these Instructions as your guide.
Section 1 - Applicant Information
List the requested information for the homeowner or authorized tenant filing the claim.
Section 2 - Agent Information
Complete this section only if someone other than yourself is representing you in this action.
Section 3 - Qualification List
Circle yes or no to each question.
Section 4 - Contractor Information
Complete this information about the contractor against whom you are bringing this claim. Contact the Office of Consumer Affairs to obtain the contractor's registration information at (617-973-8700). The contractor must have been registered on the date the contract was signed.
Section 5 - Contract Information
A. Fill in the latest date that appears next to either party's signature on the contract.
Section 6 - Award/Judgment Information
Check all issues that apply to your case and provide a written explanation of your complaint.
Section 7 - Requested Relief
This section pertains to the amount a homeowner may receive from the Guaranty Fund.
Section 8 - Subrogation Agreement
This section describes the rights of the state in making a Guaranty Fund payment to you and your obligations in receiving the payment. The state reserves the right to recover the payment from you if you receive payment from another source, and to request your participation in public hearings or other activities relating to efforts to recover the fund payment or suspend or revoke the contractor's registration. Your signature at the bottom of the section evidences your agreement to these terms.
Section 9 - Checklist
This section is designed to assist you in submitting all of the required documentation that supports your Guaranty Fund claim. Please check all the items that accompany your application. Please be aware that even if you do not have all the required documentation, you must submit your Guaranty Fund application within six months of the date your arbitration award or court judgment was issued.
Section 10 - Notarized Affidavit
This section contains your statement, signed under pains and penalties of perjury, that all information contained in the application is true to the best of your knowledge, and that you have read and understand the filing requirements.