Chapter 142A -- the Home Improvement Contractor Act

     Massachusetts requires contractors who perform home renovation work not only to have a Construction Supervisor License, but also require him or her to have a Home Improvement Contractor Registration under Chapter 142A.  The Home Improvement Contractor registration is only required for contractors who do renovation work -- additions, renovations, demolitions -- changes to the existing structure.  It does not apply to new construction work.

     If you knock down your home and build a whole new one, you do not get the benefit of Chapter 142A.

    Why does this matter?  Chapter 142A provides for a guaranty fund that reimburses homeowners up to $10,000 when they succeed on a claim against their contractor.  Further, a violation of Chapter 142A is an automatic unfair or deceptive act or practice under our consumer protection statute, Chapter 93A.  If your construction work does not fall under Chapter 142A, you can still have a Chapter 93A claim, it is just not automatic.

     And why does Chapter 93A matter?  Chapter 93A is a fee shifting statute.  In other words, a plaintiff successful under Chapter 93A is entitled to an award of attorney's fees to be paid by the contractor.  If the contractor's unfair or deceptive acts or practices are knowing or willful, then the court can award double or treble damages.

     For example, a contractor who violates the building code, while doing renovation work has violated Chapter 142A and therefore the consumer protection act.  For new construction, this connection is not automatic.

     If you run into a problem while your doing construction work, be certain to look at Chapter 142A and see if it applies to your construction work.  

Help us, help you

We get many calls a week at our office from potential clients.  We want to help you, either by representing you, or at least by pointing you in the correct direction.  Here are some suggestions to make the most out of your call with us.

• If your claim involves a contract or a lease, please read the lease before you call and understand what it says about your issue.  For example, if you want to terminate a lease or a contract, read it.  What does it say about ending the contract?

• Please tell us what, if anything, you have received from the other side.  We encourage you to call as soon as you receive something from the other party -- a letter, a lawsuit, a notice or whatever else it is.  Most of the time, there are deadlines associated with whatever was sent to you.  The more time we have to respond, the more likely we are to be able to take your case.

• Please be prepared to send us your contract, lease, notice, letter or lawsuit by fax or email or at least have the docket number available for us.

• As soon as you realize there might be an issue, document everything.  Confirm telephone calls in writing and make notes of your interactions with the other side.  You must build your case.  He said - she said cases are difficult, so amass your proof while the problem is going on, rather than having to go backwards.

• If you are a tenant and you have a problem with a condition in your unit, please call your city or town Health Department or Inspection Services Department to visit your unit.  We generally require that your problems have been documented by a city or town official before we will take your case.

• We are not a pro bono legal services agency.  We do charge for our services.  We take some cases on an hourly basis (we charge hourly for our work) and some cases on a contingent fee basis (we take a percentage of what we win).  How we take any given cases depends on a number of factors and the type of engagement is determined on a case-by-case basis.  

• If your claim is less than $7,000 in value, do consider taking your case to small claims court, particularly when you cannot recover your attorney's fees.  Even if your claim is slightly more than the small claims limit, it may be worth considering small claims if you have no ability to recover attorney's fees.

• The website Mass. Legal Help  has many resources available for pro bono parties.

10 Years and Counting . . .

Ten years ago today, Tanowitz Law Office, was born.  In the past decade, the firm has grown from one person to three and we have moved offices 3 times.  Then years ago, I had a three year old and a three month old.  Now I have -- gasp -- a thirteen year old, a ten year old and as a bonus a nearly eight year old.  We look forward to many more years of helping people in the areas of home improvement disputes, landlord tenant issues, commercial collections and general business litigation.