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Hiring someone to repair or improve your home can be exciting — that is, until the work isn’t done right, the job drags on, or the costs keep going up. When that happens, disagreements with a contractor can quickly become stressful and confusing.
Before you think about suing, it’s important to understand your rights under Massachusetts law, and the steps you can take to resolve the issue.
Your rights under the Home Improvement Contractor Law (M.G.L. c. 142A)
Massachusetts regulates most residential home improvement work under the Home Improvement Contractor (HIC) Law, M.G.L. c. 142A. Contractors doing residential home improvement work must be registered with the Office of Consumer Affairs and Business Regulation (OCABR). Visit our page on home improvement laws for more information.
Chapter 142A states that contractors must:
- Provide a written contract (sample contract available at link) for work costing more than $1,000 including materials and labor
- Include in that contract start and end dates, a payment schedule, and description of the work to be completed
- Avoid certain prohibited acts, such as misrepresenting their registration status or demanding excessive upfront payments
You can check a contractor’s registration status on the OCABR website.
If a contractor violates the HIC law, you may file a complaint through OCABR’s Home Improvement Contractor Program. You can file a complaint even if the contractor is not registered. In some cases, when the contractor is registered at the time the work is performed, homeowners may also qualify for reimbursement from the Home Improvement Contractor Guaranty Fund.
Filing a complaint against any contractor will not result in a monetary award for the homeowner, but it may result in disciplinary action being taken against the contractor after an enforcement hearing.
If your contractor is registered, you may also request arbitration with your contractor through the OCABR’s MA Contractor Hub. Monetary damages may include contract damages, consequential damages, and the arbitration fee. For some claims, an arbitrator may also award multiple damages under the Consumer Protection Act. However, HIC arbitration awards are generally capped at $10,000. Larger disputes may be better resolved by filing directly in Massachusetts District Court or Superior Court.
If the contractor cannot or will not pay, you may need to confirm your arbitration award by filing a complaint in court and obtaining a writ of execution before seeking payment from the Guaranty Fund. An attorney can help you evaluate whether arbitration is the best option, or if filing directly in court may be more effective.
Learn more: Home Improvement Contractor Registration
If your contractor is not registered with OCABR, you may seek damages by filing a complaint in court.
Chapter 142A and Chapter 93A
A violation of M.G.L. c. 142A is automatically considered a violation of the Consumer Protection Act (M.G.L. c. 93A). Chapter 93A prohibits unfair or deceptive business practices. Examples include:
- Misrepresenting the scope or quality of the work
- Failing to use a written contract when required
- Failing to obtain required permits
- Adding unauthorized costs
- Abandoning the project or doing substandard work
If you proceed with a complaint filed in court, before suing under Chapter 93A, you need to send a 30 Day Demand Letter to the contractor explaining the dispute, the damages, and what you want the contractor to do to resolve the issue.
Factors to consider before suing
- Documentation: Do you have a contract, receipts, communications, and photos? Refer to Home Improvement Contract Requirements, Details, and Sample Language.
- Registration: Have you checked whether the contractor is registered and have you filed a complaint with OCABR?
- Court options: Small claims court can handle disputes up to $7,000. Larger cases may go to District or Superior Court. Refer to MA Law about Drafting a Complaint for more information about submitting a complaint to Superior or District Court as a self-represented litigant.
- Time limits: In Bridgwood v. A.J. Wood Construction, Inc., the Massachusetts Supreme Judicial Court ruled that consumers have six years under the statute of repose to sue contractors for defective construction work. The six-year period starts when the work was substantially completed and not when you discover the defect. The SJC held that the statute of repose applies to G.L. c. 93A, the consumer protection law in this situation.
Visit this page to learn more about consumer protection laws.
Need help?
The Massachusetts Trial Court Law Libraries can help you find the laws, regulations, and court forms you need to take your next step. While we cannot give legal advice or represent you in court, we can help you locate reliable legal information. Here are different ways you can contact us:
- Ask a Law Librarian (includes virtual live chat and Zoom reference)
- Phone: (800) 445-8989
- Email: lawlibraries@jud.state.ma.us
- Locations: Visit one of 15 public law library locations throughout the state
Authored by Mitzi Krueger, Head Law Librarian at the Barnstable Law Library.