Consumer Protection for Construction Projects

Consumers who have been unfairly treated or deceived by their construction contractors have remedies available to them. Chapter 93A of the Massachusetts General Laws is the Commonwealth’s consumer protection statute. A construction consumer protection attorney in Boston and Burlington can help you understand your rights.

Whether a contractor didn’t finish the home repairs called for in a written contract or a construction project’s costs skyrocket without any discernible reason, you may wonder what to do next. Do you have any other recourse, or do you just hope your contractor or builder can provide a reasonable explanation for their actions?

You may have a legal case under the Massachusetts consumer protection statute, which protects residents from unfair or deceptive practices. Too often, consumers do not understand their legal rights. Calabrese Law Associates can help you protect yourself during the home construction and improvement process.

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Table of Contents

What is Consumer Protection?
What Can I Do if I’ve Been Affected by a Massachusetts Contractor’s Unfair or Deceptive Acts?
How to Find Legal Help

What Is Consumer Protection?

Consumer protection laws are put in place to keep consumers safe from unfair or deceptive business practices. The basic idea is you should get what you were promised when you buy a good or pay for a service.

When you sign a construction or home improvement contract, it lays out what the contractor has agreed to deliver. If the contractor tries to collect money without giving you everything that was promised in the written contracts, they may have violated consumer protection laws.

Massachusetts Chapter 93A Examples

The Massachusetts consumer protection statute is Chapter 93A of the Massachusetts General Laws. Many dishonest business practices constitute violations of the law, including unfair and deceptive practices that violate fair trade. Some examples include:

Charging a consumer higher rates than advertised on a home improvement or construction project.
Misleading the consumer about the work they are getting done or leaving out relevant information.
Failing to satisfy a warranty agreement.
Violations of Massachusetts General Laws Chapter 142A, which governs residential construction projects in Boston and throughout Massachusetts.

Chapter 93A Liability Involving Construction Projects in Boston, Burlington, and Throughout Massachusetts

“Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce” are illegal under Section 2(a) of the statute. Chapter 93A defines “trade” and “commerce” as “advertising, the offering for sale, rent or lease, the sale, rent, lease or distribution of any services and any property, tangible or intangible, real, personal or mixed, any security as defined in [M.G.L. c. 110A, § 401(k)] and any contract of sale of a commodity for future delivery[.]” M.G.L. c. 93A, § 1(b). Whether an action violates fair trade practices is a legal, not factual, determination that our construction project consumer protection lawyers in Boston and Burlington, Massachusetts, can help you make.

Individual victims of unfair and/or deceptive practices are required to comply with Section 9(3) of Massachusetts Chapter 93A. Before commencing a 93A action with a construction consumer protection lawyer’s assistance, you must put the prospective defendant construction contractor on notice. This is accomplished by mailing a letter demanding relief that informs the construction contractor of the practice you relied on and describes the injury you suffered.

After receiving your demand letter, the construction contractor has 30 days to make a reasonable written offer of settlement that you should show your construction consumer protection law firm. You do not have to accept that offer, but it can affect your ability to recover damages beyond the offer if a court were to determine that the contractor’s offer was “reasonable.” It’s important to note that if your construction contractor sues you, you do not need to follow this notice procedure to assert a Chapter 93A consumer protection act claim against the contractor by way of a “counterclaim.” A counterclaim is a document containing your answer to the construction contractor’s complaint and your own claims against the construction contractor (i.e., a counterclaim) you can file with the help of our construction project protection attorney.

Massachusetts Chapter 93A Violations

Violations of the Chapter 93A Massachusetts Consumer Protection Act occur in a wide range of contexts. Common examples include (not an exhaustive list):

Making any false or misleading statement with the intent to force you to sign a Massachusetts construction contract;
Any false representation by a construction professional regarding their competence to perform the agreed upon work;
A contractor’s misrepresentation as to their registration or construction licensure;
Failure to disclose a material fact that would have affected your decision to sign the construction contract;
Any violation of the local zoning or Massachusetts building code laws by a construction contractor in the performance of construction work;
A construction contractor’s demand of more than 1/3 of the contract price for residential construction work valued at more than $1,000;
A contractor’s failure to provide the homeowner with a payment schedule and other required provisions when working on a residential property with a contract price of more than $1,000.

Massachusetts Chapter 142A Specifications

In the context of Massachusetts construction, Chapter 93A commonly applies to the conduct of residential home improvement contractors. Contractors are engaged in “trade” or “commerce” because they are in the business of providing residential contracting service. Chapter 142A of the Massachusetts General Laws governs residential construction work in Boston, Burlington, and throughout Massachusetts. Every contract for residential contracting services exceeding $1,000 must be in writing. Several specific terms must be in the contract, which are enumerated in Section 2 of Chapter 142A. As our firm’s construction consumer protection lawyers would advise you, required terms include but are not limited to:

The full agreement between you and the contractor, with a clear description of any documents that are also incorporated therein.
A detailed description of the work to be done and the materials to be used in performing that work.
The total amount to be paid, including a time schedule of payments and the amount of each payment, stated in dollars. If the contract has any advance payments, it cannot exceed one-third (1/3) of the total amount.
The signatures of all parties to the contract. This means both you and the contractor.

The contractor must inform you of: (1) all permits required to do the work; (2) that the contractor is obligated to obtain the permits; (3) that you will be excluded from the guaranty fund provisions of Chapter 142A if you secure your own permits before signing a contract.

Before signing any contract, make sure to read it carefully. If necessary, consult with the experienced Boston construction attorneys at Calabrese Law Associates. Please be aware that a Massachusetts construction contract will not be invalidated because of its noncompliance with Chapter 142A requirements.

Massachusetts Contractors in Boston, Burlington, and throughout the Commonwealth also have several actions they cannot take. As your construction project consumer protection law firm can explain, these activities, among others, violate Section 17 of Chapter 142A:

Not being registered with the Commonwealth or making a misrepresentation of material fact in applying to become a registered contractor. This is a very common violation;
Abandoning a project or failing to perform the work agreed on in the Massachusetts construction contract;
Making any material representation or false promise designed to persuade or induce you to sign a Massachusetts construction contract;
Knowingly contracting beyond the scope of its registration;
Violating the building laws of the Commonwealth (i.e., Massachusetts Building Code, Fire Code, etc.); and
Deviating from or disregarding the building plans or specifications of a project without your consent.
Any violation of Chapter 142A is a de facto violation of Chapter 93A. The above-named violations can also be raised as independent claims, which our construction project consumer protection attorneys in Boston and Burlington, Massachusetts, can discuss with you.

Remedies for Consumers Who Have Been Affected by a Massachusetts Contractor’s Unfair or Deceptive Acts

You can recover actual damages in your case. You may even get two to three times damages and your attorney fees, but the court may also find that damages should equal the amount offered in your demand letter, if that total was reasonable.

If you are found to have been damaged by a knowing and willful violation of Chapter 93A, you may seek to recover “actual damages” plus double to treble (3x) damages, attorney fees and expenses related to the litigation at the Court’s discretion. However, damages can be limited to an offer of relief that was made in response to your demand letter if the court finds the offer to have been reasonable in relation to your actual damages. A reasonable offer, which is sufficiently detailed for you or your construction project protection lawyer to ascertain its value, will cut off your entitlement to multiple damages. Regardless of whether you received an offer of settlement, your damages will likely be limited to those, which are reasonably foreseeable consequences of the seller’s unfair or deceptive activity.

How to Contact the Experienced Massachusetts Consumer Protection Attorneys at Calabrese Law Associates in Boston and Burlington, Massachusetts

Consumer protection laws are meant to help people who have been taken advantage of by a contractor or construction company. You may feel frustrated and angry when you’ve been the subject of such a violation. You may not be sure what the next step to take is or how you can hold the other party accountable. But you do have legal recourse, and you can recover damages that can help you get through this difficult situation. You need the assistance of an experienced and knowledgeable lawyer.

If you believe your contractor or construction company violated consumer protection laws, reach out to the attorneys at Calabrese Law Associates. We can discuss the parameters for a Chapter 93A claim, advising you on your case and how to achieve the best possible outcome. Our team cares about your situation, and we are ready to work with you on everything from a violated home improvement contract to identity theft that can compromise consumer protections.

If you have a question about a potential Chapter 93A claim involving a Massachusetts construction contractor, we encourage you to contact our office. It’s important to address these types of construction issues right away. The attorneys at Calabrese Law Associates remain easily accessible throughout your case, showing you how much we care. Set up a free initial consultation by calling 617-340-6623 or fill out our online intake form. One of the firm’s Massachusetts construction law and consumer protection attorneys will get in touch with you within one business day.

While Calabrese Law Associates does offer legal help for landlord-tenant disputes, it is extremely rare that we take on these cases. Only about 1% of tenant-related cases and 10% of landlord-related cases will be considered by our law firm.

Consumer Protection for Construction Projects