Request Arbitration to Resolve a Conflict

The Home Improvement Contractor (HIC) law includes an arbitration program for resolving disputes between homeowners and contractors.

Processing and timelines for new and pending arbitration applications are significantly delayed. Arbitrators review applications in the order they are received. You might consider using the court system, which may have quicker timelines for resolution.

Submit an Arbitration Request

In arbitration, the homeowner and the contractor present evidence and testimony during a hearing to an impartial arbitrator. The arbitrator will resolve the dispute by issuing a legally binding decision. A contractor or a homeowner can submit an arbitration application.

A single arbitrator will conduct each hearing. The choice of the arbitrator is not subject to the approval of either party. The arbitrator must disclose to both parties if they currently are, or were previously, a contractor or a subcontractor, or were a claimant or respondent for any action pursuant to the Home Improvement Contractor (HIC) Law. After disclosure, either party may then request another arbitrator, as long as the request is made in writing to the OCABR no later than 10 days from the date the arbitrator is appointed.

• The arbitration application must be filed within five (5) years of the contract date.
• Either party may file a counterclaim in response to an arbitration application within 10 days after receiving notice that request has been filed and accepted.
• The arbitrator may grant a party one seven-day extension to respond (additional extensions may only be granted upon a showing of extraordinary circumstances).
• Additional claims and amendments may not be submitted without permission from the arbitrator, and no new or different claim may be submitted once the time for filing has expired.

To qualify for arbitration, you 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 four (4) units.
• The property or residence was located in Massachusetts.
• The property is the homeowner’s primary residence.

If your application qualifies for arbitration, you will receive a handbook about the hearing process that will help you prepare for the process and understand your role and responsibilities.

An arbitrator may:

• Must disclose to both parties if they currently are, or were previously, a contractor or a subcontractor, or were a claimant or respondent for any action pursuant to the Home Improvement Contractor (HIC) Law.
  • After disclosure, either party may then request another arbitrator, as long as the request is made in writing to the OCABR no later than 10 days from the date the arbitrator is appointed.
• Award monetary damages to a homeowner including contract damages, consequential damages, and an arbitration fee.
• Require the contractor to complete, repair, or replace the work.
• Award multiple damages in claims brought under the Massachusetts Consumer Protection Law.

If a party believes that an arbitrator made an error in the application of the law or in the conduct of the hearing, they may make a complaint in writing to the OCABR. The complaint will not be considered an appeal of any kind. If the contractor fails to comply with an arbitration award a homeowner may be eligible for relief from the Home Improvement Contractor Guaranty Fund. See the Guaranty Fund page for more information, including eligibility requirements.

Important Note
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.

Submit an arbitration request at the MA Contractor Hub.