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Massachusetts Construction Law Questions & Answers
1 Answer | Asked in Construction Law and Municipal Law for Massachusetts on
Q: Can I sue a plumber city inspector for not doing his job correctly and I'm losing money because of that?

My plumber requested a rough inspection, inspector came and didn't bother to get out of the car, he saw a pipe outside and asked the plummer to fix it. Plumber fixed it and requested another visit, inspector came and saw pipe on the entrance and asked plumber to fix, plumber fixed and... View More

Christopher Tolley
Christopher Tolley
answered on Jul 28, 2023

There are numerous laws governing the conduct of municipal officials which may be implicated in your situation. It is also possible that your plumber is the problem. Next time the inspector comes to the house, ask him/her to inspect the entire house. If you are acquainted with anyone on the... View More

1 Answer | Asked in Civil Litigation and Construction Law for Massachusetts on
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... View More

Christopher Tolley
Christopher Tolley
answered on Jun 1, 2023

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... View More

2 Answers | Asked in Construction Law and Contracts for Massachusetts on
Q: I have a builder building a home for me, they aren't addressing issues I have found but want their final payment.

Is it legal for me to with hold providing them the final check until they complete the issues I have with the home? I have asked them for over a week to come to the home and address the issues with me and they've ignored every email and text and say I'm going to be late on their payment... View More

Christopher Tolley
Christopher Tolley
answered on Dec 6, 2022

I suggest you review the contract you have with the builder. It should state the circumstances under which the builder is entitled to full and final payment. It may give you a right to withhold payment pending completion of repairs per your request. Frequently building contracts have a provision... View More

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2 Answers | Asked in Construction Law and Contracts for Massachusetts on
Q: I have a builder building a home for me, they aren't addressing issues I have found but want their final payment.

Is it legal for me to with hold providing them the final check until they complete the issues I have with the home? I have asked them for over a week to come to the home and address the issues with me and they've ignored every email and text and say I'm going to be late on their payment... View More

Lillian J. LaRosa
Lillian J. LaRosa
answered on Dec 6, 2022

The contracts should be reviewed and you should have counsel involved as there are a lot of moving parts. Construction is a legal specialty by the way and not for the pro se dabbler unless you are willing to take the lumps you may be in for!!

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1 Answer | Asked in Consumer Law and Construction Law for Massachusetts on
Q: 780 CMR Sec 105.1 recently amended w/ stipulation all unpermitted work must be removed? Can you provide actual wording?

Also involved is 780 CMR Sect 114.1 Unlawful Acts, R114 Violations, can you provide actual wording, I cant find on Mass.Gov. I have spent hours looking. I appreciate any help.

Christopher Tolley
Christopher Tolley
answered on Jan 17, 2023

It's in Chapter 1 of the code. Here is a link to Chapter 1: https://www.mass.gov/doc/780-cmr-ninth-edition-base-code-chapter-1-scope-and-administration-amendments/download

780 CMR 105.1 is on .pdf page 8. 780 CMR 114 is on .pdf page 21.

1 Answer | Asked in Construction Law for Massachusetts on
Q: If we sub-contract from someone in New Hampshire, is there anything we need to be aware of in terms of state law?
Zachary Alan Waksman
Zachary Alan Waksman
answered on Dec 2, 2018

You should make sure the subcontractor is licensed to perform the intended work in Massachusetts. If he is serving as a home improvement contractor, you should check his registration with the state. You should do the same with every contractor you plan to hire, regardless of whether it is based in... View More

1 Answer | Asked in Contracts and Construction Law for Massachusetts on
Q: Can I get out of a contract to roof my home after I have found another contractor that will do the same job at 50% less.

I have had lung cancer, kemo, heart attack, rotater cuff surgeryand am under a lot of medication and made a bad decision and would like to get out of this contract immediately as they say they are coming tomorrow am.

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 12, 2017

It depends on the terms of the contract. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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