Legal Question in Constitutional Law in Massachusetts

A friend of mine recently had a roof replaced last month for $9,000.00. Unfortunately it was not until after the contractor was paid that she found out that he is neither licensed nor registered with the State of Massachusetts. She also found out that he never obtained a Permit.

Pursuant to Mass Law, in part:

"Beginning July 1, 2008, all individuals who perform roof replacement, siding, and window replacement will be required to hold both a Home Improvement Registration and a Construction Supervisor�s License."

He holds neither and somehow has kept off the radar since his license expired in 2005. According to him, he claims he has installed over 200 roofs.

AND he never obtained a Permit which would appear to be in violation of:

"Application for a permit is required to be made by the owner or lessee or their agent of the building (e.g.; the HIC registrant ). If application is made other than by the owner, written authorization of the owner must accompany the application. Such written authorization shall be signed by the owner and shall include a statement of ownership and shall identify the owner�s authorized agent, or shall grant permission to the lessee to apply for the permit. The full names and addresses of the owner, lessee, applicant and the responsible officers, if the owner or lessee is a corporate body, shall be stated in the application.

Please note: It is the responsibility of the registered HIC to obtain all permits necessary for work covered by the Home Improvement Contractor Registration Law, M.G.L. c. 142A. An owner who secures his or her own permits for such shall be excluded from the guaranty fund provisions as defined in M.G.L. c. 142A."

(Much of the above taken from: http://www.mass.gov/legis/laws/mgl/gl-142a-toc.htm)

On a side note, why do the above two paragraphs seem to contradict eachother with respect to who is responsible for obtaining the Permit?

Some taken from their FAQ: http://www.mass.gov/?pageID=ocaterminal&L=3&L0=Home&L1=Consumer&L2=Home+Improvement+Contracting&sid=Eoca&b=terminalcontent&f=hic_hic_faq&csid=Eoca#A12

AND:

"Q. Where do I look up the contractor to assure they have an HIC registration and why?

You may refer to our website www.mass.gov/oca to look-up a registration for a contractor. You should do this prior to hiring a contractor to perform the construction.

By checking database records, you can identify the proper (legally recognized) name of the contractor, and confirm whether the contractor is appropriately registered under the home improvement registration program, and/or properly licensed to perform the work. Presently, roofing, siding, demolition and window replacement contractors are only required to be registered as Home Improvement Contractors. However, beginning in July 2008, individuals engaged in these activities will be required to have both a home improvement registration and a construction supervisor license."

Also, his contract meets little of the criteria with respect to all of Sections 2, 7, 8, as found here :

http://www.mass.gov/legis/laws/mgl/142a-2.htm

Additionally, he only uses a PO box, another violation as found at the same Link. (" (2) the full names, social security numbers, addresses, exclusive of post office box addresses...").

His license expired in 2005 and was never renewed according to the State of Massachusetts.

The work was sub-standard and this will be pursued civilly. She has pieces of vinyl siding missing, cracks in her ceiling, etc. It was a hack job.

She pretty much depleted her entire savings to have him do this work. Both checks written to him, one for $3,000 and another for $6,000 were cashed at her bank...they never went into his business account which would lead me to believe one or all of the following:

(1) He is not claiming all income;

(2) He is paying employees under the table;

(3) He is strapped financially.

In light of the Massachusetts of Consumer Affairs (Regulation division) having told me that the roof was installed legally, can he face any criminal charges? Should she file a complaint with the appropriate DA's office?

Somehow he has kept off the radar since his license expired in 2005.

Thank you very much, very sincerely appreciated.

Mark

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