Apply to the Home Improvement Contractor Arbitration Program

To qualify for arbitration, homeowners must be able to prove that:

• there was a written signed contract for the job;
• the contractor was registered as a Home Improvement Contractor on the date the contract was signed;
• the contract was for improvements, repairs, renovations, alteration, or additions to a preexisting owner-occupied residence with no more than 4 units;
• the property or residence was located in Massachusetts;
• the property is your primary residence; and
• your Request for Arbitration will be filed within five (5) years of the contract date.

Your Request for Arbitration is subject to a fee based on the size of your claim. The applicable fee must be paid within 10 days of your request for arbitration being approved, provided an arbitrator has been appointed. If you are filing a counterclaim, the fee is due when the counterclaim is filed. 

The current rates through December 31, 2024 are:

Starting on January 1, 2025, the pay rates will change to the following:

If the hearing is extended beyond four hours, an additional fee up to $150 per hour may be charged.

If you win your case, you may be reimbursed this fee as part of the award. If the arbitrator finds against you, this fee will not be reimbursed. This fee is not recoverable from the Guaranty Fund.

Submit your Request for Arbitration application online at the MA Contractor Hub. The Office of Consumer Affairs and Business Regulation (OCABR) will review submitted applications on a first-come-first-served basis.

Incomplete Request for Arbitration applications will not be processed. Completed applications must be submitted within thirty days or within the Claimant's period of eligibility for filing the request, whichever is later. The OCABR may reject a request that is not filed by the appropriate deadline.

Ineligible requests that do not meet the basic criteria of the law will be rejected. The Claimant will receive a notice from the OCABR indicating the reason that the request is ineligible.

Eligible requests: The OCABR will notify both parties that the Request for Arbitration meets the minimum criteria for the program, and will inform the parties of the arbitrator appointed for the case. Both parties must submit the Conflict Checklist within 10 days.

Assuming the parties have no conflict with the arbitrator, the OCABR will send a notice to the parties that the case has been accepted.

How long will my case take?

Due to a lack of arbitrator availability, processing and timelines for new and pending arbitration applications will be significantly delayed. Applications are reviewed in the order they are received, with those currently in process remaining the priority. You may wish to consider using the court system, which may have quicker timelines for resolution.

What if the contractor is bankrupt?

If the contractor has filed for bankruptcy protection, you can not pursue arbitration without permission from the bankruptcy court. This means that you must petition the bankruptcy court for Relief From the Automatic Stay to allow you to pursue your claim. You can contact the Office of Consumer Affairs for further instructions and a sample Motion for Relief from the Automatic Stay at (888) 283-3757.