Legal Question in Consumer Law in Massachusetts

law regarding using home contractors

I got installed a new air conditioning system in my home in Mass for $3000.00 recently. I have paid $2700 so far, now after the A/C is installed. the technician says I cannot use my furnace for heating purpose because when they were installing the new a/c system over the furnace, they did not have room left to re-fit the odometer that is situated right above the furnace, which will put the fan on when the furnace is too hot and it is dangerous to work the furnace without that. It can burn the house down if furnace gets too hot and the fan is not on.

so now, he tells me I have to install a new furnace system which will cost me another $3000.00 I dont have the money, nor is my furnace defective right now. so, what is the alternative I can do. Can I sue the contractor, because he did not say earlier that if I install A/C I cannot use the furnace to heat the house. He should have known this problem when he came to take measurements over the furnace.

First 3 men came to install A/C over furnace, then electrician came and then technician. No one mentioned this problem till technician. He said they did not knew about the codes and law.

Can you tell me what to do. Is the contractor responsible to put a new furnace now

thanks sushma


Asked on 6/04/04, 6:42 pm

1 Answer from Attorneys

Nance Lyons Law Office of Nance Lyons

Re: law regarding using home contractors

YOur situation is difficult at best. DO NOT PAY ANY MORE MONEY. You have a claim under the Comsumer Protection law (Ch 93A)which is enforced by the Attorney General's office. You can also contact the MA Office of Consumer Affairs. Whether rthey are interested in yorucase depends on the number of complaints they have had against the contractor. It may also be a prblem collecting any money from the contractor - he may not have any and may be operating house to house rather than as a corporation. If he is registered with MA board, he has to have insurance so that me be ok - he should have been registered. Hope you checked before you hired.

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Answered on 6/09/04, 3:17 pm


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