Tuesday, June 23, 2009

Massachusetts Home Improvement Law: What Contractors Need to Know

Construction Contract Writer software helps Massachusetts contractors quickly and easily draft enforceable contracts that meet federal and state requirements. Free Trial Available.

Carlsbad, CA (PRWEB) June 23, 2009 -- The new Construction Contract Writer software program from Craftsman Book Company is a first-in-class productivity tool used by construction professionals to meet increasingly stringent state contracting standards. The newly released Massachusetts edition of the program helps contractors write construction contracts that comply with Massachusetts' stringent home improvement law. A free feature-limited trial for Massachusetts and many other U.S. states is available at ConstructionContractWriter.com.

Free sample construction contracts for many states are available at http://www.construction-contract.net
Free sample construction contracts for many states are available at http://www.construction-contract.net

Massachusetts Office of Consumer Affairs and Business Regulation (OCABR) runs a home improvement arbitration program designed to keep construction defect claims out of Massachusetts courts. OCABR arbitration is fast (typically 90 days or less), inexpensive (about half the cost of AAA arbitration) and not overtly biased. An arbitrator appointed by the state visits the site, listens to both sides and writes a decision. A counterclaim, such as by the contractor, is allowed. So arbitration should be able to resolve all issues that grew out of a home improvement project.

Massachusetts contractors should be aware of how OCABR arbitration could work against them if they don't have a well-prepared construction contract.

According to Massachusetts Home Improvement Contractor Law (M.G.L. c. 142A), a Massachusetts home improvement contract needs eighteen distinct disclosures to be valid. Omit any of these disclosures in the contract and the contractor risks: (1) suspension of registration, (2) a fine up to $2,000, and (3) imprisonment for up to one year. Doing business on a defective home improvement contract is also an unfair or deceptive act under Massachusetts law and gives the owner the right to seek triple damages and attorney fees.

Contracts need to be letter-perfect under Massachusetts law. If there's a defect anywhere in the contract, the attorney for the other side is sure to find it. Under Massachusetts law, the contractor, not the home owner, is responsible for every defect in a home improvement contract.

Free Massachusetts contracts, including home improvement contracts with a contractor-bias, are available at Construction-Contract.net. The site has a selection of sample contracts for residential work, each with a warranty and Right to Repair notice that comply with Massachusetts law. Free downloads are available in PDF (Adobe Acrobat), RTF (MS Word or WordPad) and CCF (Construction Contract Writer) formats.

Better yet, contractors can create custom contracts that comply with state law with Craftsman's new Construction Contract Writer program. The program is currently available for the following states: Alabama, Alaska, Arizona, California, Colorado, Florida, Georgia, Illinois, Massachusetts, Montana, Nebraska, New Jersey, New York, North Carolina, Ohio, Oregon, Pennsylvania, Texas, Virginia and Washington. More information and a free trial are available at ConstructionContractWriter.com.

Craftsman Book Company develops software and publishes technical and professional references for contractors, estimators, remodelers, custom builders, architects, engineers, adjusters and appraisers.

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[Via Legal / Law]

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