Trenton, NJ asked in Civil Litigation and Construction Law for Massachusetts

Q: Signed contract in Oct 2021 with two contractors (partners) for home addition. No timeline specified.

One contractor (construction supervisor) show up only on several occasions, did not supervise subcontractors and did shoddy work. Had to let him go and take over the building permit myself. His partner has been trying to make good but has informed me he probably cannot finish the job. I have already paid more than the fixed price contract. Exterior work is about 95% complete. Interior is framed but nothing else. What are my options?

1 Lawyer Answer
Christopher Tolley
Christopher Tolley
  • Construction Law Lawyer
  • Boston, MA
  • Licensed in Massachusetts

A: If you feel the partners will not pay and you do not trust them to finish the work, it may be time to complete the work by hiring someone else and consult a lawyer about collecting the completion costs. You would argue the partners have breached the contract and that you are entitled to damages in the form of your cost to complete the work and to correct any defective work. If the amount you seek is less than $7,000, you may wish to proceed in small claims court. The partners should be certified home improvement contractors and you should have signed a form home improvement contract. If so, once you obtain a judgment you can seek to collect it through the home improvement contractor guaranty fund.

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