Legal Question in Credit and Debt Law in Massachusetts

It is really hard to say without reviewing your contract and having a better understanding of the scope of the work. Typically, if the contractor is going to exceed their budget, the parties will agree to a 'change order' or have some discussion that additional costs are required before they are incurred. When you say the project was finished, did you get an e-mail or telephone call, or final sign off of some kind from the contractor indicating that the project was complete? The fact that your contractor called this a 'fair settlement' makes me think there is more going on here.

If true, the fact that you got this additional $5,000.00 bill months after the project was finished is certainly very suspect, and you may want to speak to a lawyer about your options and know the consequences before you decide one way or another.

I agree whole-heartedly with my colleague, Christopher Vaughn-Martel; the only additional piece of information I would add is the following:

The Massachusetts Home Improvement Contractor Act gives consumers significant rights in any residential contracting situation. There are strict requirements on the actual contract, and the actions of the contractor; violations of the Act can be construed as violations of the Consumer Protection Act (c.93a). It appears from your brief rendition, that you may not only have defenses to whatever claim the contractor attempts to pursue, but you may also have counterclaims. I suggest you contact an attorney that regularly works within this residential contracting space without delay.

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