Legal Question in Business Law in Massachusetts

Where oh where has my contractor gone with my $ ???

We hired a contractor to remodel a room. We verbally agreed the job would be completed by "the Holidays". We paid the contractor 2/3's of the total charge. He came by November 10th w/ 1 other worker and worked for about 3 hours. We have not seen him since. He refuses to answer our phone calls. We have live wires hanging, damage to some of our property, and would like to know what steps we can take to rectify this situation. The start date was 10/28 and he said it would be completed in 3-4 days.


Asked on 11/17/99, 7:36 pm

2 Answers from Attorneys

Alan D. Humbert Law Office of Alan D. Humbert

Re: Where oh where has my contractor gone with my $ ???

Hi-

Is there a written contract with specifications? For the contract to have been violated, he must be outside of the terms of it.

Specifically, is there a specific date for starting and completing? If not, a "reasonable" time would be implied.

Another important consideration is whether he is licensed, and whether he pulled a permit from the local building department. You may have more

leverage with him if the answer to both of the above questions is yes.

I suggest that as a starting point you call him often, and keep a log of your calls. It may also be useful to send him letters (one certified and one regular)

asking him to come back and complete the contract as soon as possible because the "holidays" are upon us.

Regards,

Alan D. Humbert

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Answered on 11/20/99, 8:04 pm
Lawrence Graves Coolidge & Graves PLLC

Re: Where oh where has my contractor gone with my $ ???

Very fuzzy agreement you made -- the deadline could be interpreted as Thanksgiving, Christmas, etc. So, the fact that in mid-November the work is not yet finished is not very significant.

If this contractor ultimately disappears, there is a state fund that will rebate your money up to a maximum of $10,000.00; however, you first need to get a judgment or arbitral award against the contractor. Depending upon the amount, going to small claims court may be your best option.

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Answered on 11/18/99, 4:09 pm


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