It’s fairly common for contractors to conduct construction work for consumers without executing a contract. The parties may decide to make an oral agreement and “shake on it.” Whether you are a contractor or homeowner, it may be wise to brush up on your local laws governing home improvement, this includes Massachusetts General chapter 142A.
Chapter 142A or also known as Home Improvement Contractor (HIC) law is the regulation of home improvement contracts. This statute ensures that homeowners are protected from unfair and deceptive practices.
Contractual Requirements
M.G.L. c. 142A §2 require all contracts to be in writing and:
1.) Have the complete agreement between all parties
2.) Full names, physical address, social security numbers, registration number of all contractor(s), as well as anyone involved in the negotiation of said contract
3.) Date of when the contract was executed
4.) Date of when the work will be performed and date of completion
5.) Detailed description of the work to be completed
6.) Total amount to be paid
7.) Installments scheduled to be paid, including any finance charges
8.) Signatures of all parties involved
9.) Notice of homeowners rights and HIC registration number
10.) Work permits if necessary
11.) Notify the homeowner if the homeowner should decide to pull a permit, they no longer qualify for a refund under the Guaranty Fund if a dispute should arise
12.) Guarantee that all payments made by the consumer are credited
13.) Ensures that a contractor cannot demand additional money or accelerated payments
Are You Covered Under M.G.L.C. 142A?
Massachusetts Home Improvement Contractor Statute applies to contractors providing services on residential homes:
Driveway installation
Exterior painting
Installing or building sheds
Installing exterior stairs, or
In-ground pool installation
Structural carpentry, including decking and trim
Hardwood flooring or carpeting
Masonry on a building or its foundation
Demolition of any structure in the course of remodeling
Painting, both interior, and exterior
Services Not Included Under M.G.L.C. 142A
Fencing
Landscaping
Yardscaping or mowing
Installing above-ground swimming pools
Contractors Should Avoid
Publishing any information regarding your business, including in its advertisements, that contains false or dishonest information about your business,
Publishing any information about your home improvement business without your HIC number listed,
Abandoning an improvement project without justification, and
Last, but not least, making any kind of false promises or representations designed to induce the consumer to hire your business to do home improvement construction work
Doing business under a name that is different than the entity that is on the home improvement contract
Violating any of the terms of a Commonwealth building code
Overall, homeowners and contractors can avoid these unnecessary risks if they are aware of the provisions mentioned above.
Our office can assist with these types of disputes. If you are experiencing an issue with a contractor you have the options to:
File A Consumer Complaint or call us with any questions or concerns you may have.
(978) 656-3342
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