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As a homeowner, you should never have to deal with unfair construction practices in connection with renovation and/or work performed at your home.

Homeowner Rights Under Massachusetts Law

In Summary, the Massachusetts Home Improvement Statute under M.G.L. c. 142A provides certain rights and protections to homeowners who enter into construction contracts over $1,000.00 should a construction project go as plannned/expected.

The following is a list of some general examples of what may be unfair construction practices:

1. Requesting that payment be made prior to all work being completed. As the homeowner, you have the right to provide final payment to the contractor once all work has been completed on the project. The contractor cannot demand immediate payment from you unless the contract is completed to the satisfaction of all parties.

2. Failure of the contractor to provide the homeowner with a complete contract and any other documents which are part of the agreement. Your should contract contain the following items:

  1. The full names and addresses of the parties, the contractor’s registration number, and the date the contract was executed by the parties;
  2. The contractor’s registration number must be on the first page of the contract;
  3. The start and completion dates of the project;
  4. A detailed description of the work to be done and the materials to be used;
  5. The total price of the work;
  6. The payment schedule, with dates and amounts;
  7. The contract must clearly set forth all warranties;
  8. Whether any lien or security interest is on the residence as a consequence of the contract;
  9. Language informing the homeowner about who will be obtaining the permits;
  10. A sentence explaining that no work can begin prior to the signing of the contract and the owner receiving a copy of the contract;
  11. An arbitration clause for settling disputes signed by all parties in 10 point type or larger; and
  12. Signatures of all parties.

3. The contractor requiring more than one third (1/3) of the total contract of price to be paid in advance.

4. Failing to advise the homeowner that they have a right to cancel the contract within three (3) days after signing. Pursuant to the statute, the contractor/subcontractor has an obligation to provide you with clear and conspicuous notice your three-day cancellation rights on the contract.

The Law Office of Feener & Wehrli, LLC may be able to help you if you believe you have been unfairly treated in connection with your homeowner construction project.

We have successfully litigated prior unfair construction cases under the Massachusetts Home Improvement Statute and may be able to assist you in your construction claims.

Please visit our Contact page or fill out the form on the this page to contact this office concerning your construction case. Once we receive your information, we will make every effort to promptly respond as your concerns are important to us.

If you are concerned whether your construction contract meets the requirements of the Massachusetts Home Improvement Statute, please do not hesitate to contact Feener & Wehrli, LLC.