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Addition built without a contract- my rights?

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M

magic99

Guest
What is the name of your state?What is the name of your state?What is the name of your state? MA
In 2002, we did a foolish thing which was to hire a childhood friend, who was
also a contractor, to put a large garage & great room onto our house. We also did not sign a contract. He started in April & by the beginning of October, we had spent the $60,000 we had borrowed (the amount the contractor said we would need to finish to completion) with $20,000 worth of work still needing to be completed. We had sat him down on many occasions asking for his estimate & he kept blowing us off saying that he would get to it. To this day, we have never seen anything in writing to show costs except for the the checks I wrote to the lumber yard & to him & his workers for labor.
The day we ran out of money, we told him that he was done- we couldn't afford to pay him anymore. He said "you fed me all summer", I'll finish out next week for you. We said, no that we could not give him any more money not now, not ever. He said fine, I will bill you- if you pay it you pay it, if you don't fine. He worked the week & now, 2 years later, he is taking us to small claims court for the $1900 for that week. He denies ever saying we didn't have to pay him. Furthermore, he dragged the job out to keep getting paid (hourly) & our roof leaked causing some water damage. I think 7 months is excessive to build a 20x30 garage & room. Plus, since we didn't use his plasterer, we found our own who was $1000 cheaper than his so I think he was taking kickbacks on all the subs. I know it was foolish to build without a contract but I see MA state laws Chapter 142A section 2
CHAPTER 142A. REGULATION OF HOME IMPROVEMENT CONTRACTORS:
states that every agreement to perform work in excess of $1000 shall be in writing including a detailed description of work & materials, etc. He is a registered contractor & bound to state law. Because we didn't insist on a contract, is he exempt from this law? I read all the rules of exemption & he doesn't fit any of them. Isn't it his obligation to comply with the law & not our obligation to make sure he does?
 


HomeGuru

Senior Member
magic99 said:
What is the name of your state?What is the name of your state?What is the name of your state? MA
In 2002, we did a foolish thing which was to hire a childhood friend, who was
also a contractor, to put a large garage & great room onto our house. We also did not sign a contract. He started in April & by the beginning of October, we had spent the $60,000 we had borrowed (the amount the contractor said we would need to finish to completion) with $20,000 worth of work still needing to be completed. We had sat him down on many occasions asking for his estimate & he kept blowing us off saying that he would get to it. To this day, we have never seen anything in writing to show costs except for the the checks I wrote to the lumber yard & to him & his workers for labor.
The day we ran out of money, we told him that he was done- we couldn't afford to pay him anymore. He said "you fed me all summer", I'll finish out next week for you. We said, no that we could not give him any more money not now, not ever. He said fine, I will bill you- if you pay it you pay it, if you don't fine. He worked the week & now, 2 years later, he is taking us to small claims court for the $1900 for that week. He denies ever saying we didn't have to pay him. Furthermore, he dragged the job out to keep getting paid (hourly) & our roof leaked causing some water damage. I think 7 months is excessive to build a 20x30 garage & room. Plus, since we didn't use his plasterer, we found our own who was $1000 cheaper than his so I think he was taking kickbacks on all the subs. I know it was foolish to build without a contract but I see MA state laws Chapter 142A section 2
CHAPTER 142A. REGULATION OF HOME IMPROVEMENT CONTRACTORS:
states that every agreement to perform work in excess of $1000 shall be in writing including a detailed description of work & materials, etc. He is a registered contractor & bound to state law. Because we didn't insist on a contract, is he exempt from this law? I read all the rules of exemption & he doesn't fit any of them. Isn't it his obligation to comply with the law & not our obligation to make sure he does?
**A: he is not exempt by any means and has a duty to abide by the rules and regs. Kick his ass to comply.
 

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