Massachusetts legislation protects
homeowners from the unscrupulous contractor. They regulate- limit the schudule of payments to the contractor; and
Violation of any of these requirements
can result in criminal charges or, in a civil case, payment of treble
damages and attorney fees of the homeowner. A recent case, Groleau v Russo-Gabriele
(Norfolk Superior Court No. 2012-1818) (Nov 26, 2014), the court
found that writing a contract that took away the homeowner's right to
arbitration was an unfair or deceptive act. As a result, the
contractor had to pay the damages the homeowner incurred to finish
the construction and pay treble damages and attorney fees.
This case shows that contractors have
to comply with the state regulations and that homeowner's can't
contract away their protections. It is a complicated area of the
law. Contractors should consult an attorney before soliciting
business from homeowners. Homeowners should consult an attorney
before signing a contract for home repairs.
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