Contractor vs. Subcontractor Disputes

 

The Law Offices of James P. Lucking represents both general contractors and subcontractors when disputes threaten the construction process. If possible, the firm's goal will be to avoid costly work stoppages and protracted litigation through negotiation or mediation. If litigation is necessary, however, the firm will vigorously protect your interests. 

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Owner vs. Contractor Disputes

 

Although construction projects typically are commenced with the expectation of satisfactory performance and prompt payment, disputes between owners and contractors are common. When they occur, a skilled attorney can help the parties reach common ground and keep a project moving. The Law Offices of James P. Lucking represents both owners and contractors, and provides individually-tailored strategies to facilitate the completion of a construction project. If litigation becomes necessary, however, the firm will vigorously protect your interests through the use of mechanic's liens, bond claims, trustee process, real estate attachments, or injunctions.    

 

Building Code Violation Disputes

 

During the course of construction or remodeling, disputes may arise as to whether a contractor's work was in compliance with the Massachusetts Building Code. If not, property owners may be faced with expensive repairs and uncertainty as to who will pay for them. Given the potentially high-stakes, if you are a property owner or a contractor engaged in a dispute over building code violations, contact The Law Offices of James P. Lucking to protect your interests. 

 

Home Improvement Contractor Disputes

 

Contractors and homeowners in Massachusetts should be aware of Massachusetts General Laws Chapter 142A, known as the Home Improvement Contractor Statute, which closely regulates the home improvement construction industry to ensure that homeowners are protected from incompetent and fraudulent contractors. The statute imposes strict liability upon contractors who fail to comply with the statute's various terms and provisions.

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The statute applies to the following services on residential homes:

• Structural carpentry, including decking and trim,

• Hardwood flooring or carpeting,

• Masonry on a building or its foundation,

• Demolition of any structure in the course of remodeling,

• Painting, both interior and exterior,

• Driveway installation,

• Exterior painting,

• Installing or building sheds,

• Installing exterior stairs, or

• In-ground pool installation.

 

The following contracting services, however, are not regulated by M.G.L. c. 142A:

• Fencing,

• Landscaping,

• Yardscaping or mowing, or

• Installing above-ground swimming pools.

 

Home improvement projects covered by M.G.L. c. 142A and which are over $1,000 must comply with the statute's contractual requirements. These requirements are extensive, and there are no exceptions. If you are a registered HIC contractor, you can be exposed to multiple different sanctions in the form of criminal, administrative, and civil penalties involving the assessment of multiple damages under Massachusetts' unfair trade practice law, M.G.L. c. 93A.

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These penalties range from suspension of a home improvement contractor's license and registration to a fine of up to $5,000 and up to two years in jail for a contractor who "knowingly, willfully or negligently" operates his contracting business without obtaining a certificate of registration. While it is rare that a contractor actually gets imprisoned for violating the statute, even the possibility of criminal penalties evidences that the statute should not be taken lightly. While imprisonment is rare, multiple damages under Chapter 93A for unfair or deceptive conduct is a very real threat given that any violation of M.G.L. c. 142A by a contractor is considered "per se" unfair or deceptive. This means that any breach of M.G.L. c. 142A can potentially expose a contractor to multiple damages and the payment of all reasonable attorney's fees.

 

Given the potentially high-stakes, if you are a property owner or a contractor engaged in a home improvement contractor dispute, contact The Law Offices of James P. Lucking to protect your interests.