Can i as a client cancel a contract with a contractor who wants 40% up front and has promiced to show up 4 times an has not?

Asked by Ron, Boston College, MA Thu Dec 23, 2010

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William Patt…, Agent, Boston, MA
Thu Jan 6, 2011
Hi Ron,
You really need to consult an attorney on this issue. To be clear, you should ask for someone well versed in Contract Law.

There may be conditions in your contract that would void the contract if not met, you need to consult an attorney to be sure.

Best of luck with this.

Bill P
0 votes
Ken Lambert, , Exeter, NH
Tue Jan 4, 2011
Hello Ron- Unless the contractor shows you material/ stock slips that he is buying for you- he cannot charge a 40% deposit; that is illegal in Mass. Most is 33%.
Anyone who fails to show 4 times should be fired.

If you would like to speak to another contractor, please let me know. I have been building and remodeling in eastern Mass for about 15 years- and plenty right in and around Boston.
Thanks, and good luck,
Ken L.
0 votes
Jonathan Mor…, , Boston, MA
Fri Dec 24, 2010
First, try having a conversation with your contractor about the reasons for the delays. This situation is not a workmanship issue, but a time issue (special order materials, weather, staffing, holidays, etc...). Next, send your contractor an email or letter summarizing your understanding of the conversation and have it acknowledged. Massachusetts is very consumer rights oriented and you should know the law -(http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/…).
Your contractor is legally obligated to submit to you a detailed written contract. Also, he is limited by the amount of the deposit which he can receive from the homeowner (30%), plus materials. Know the facts and your rights and call a real estate attorney. Any real estate lawyer worth his salt would be happy to give you a couple of minutes to try to pin-point your issues.
0 votes
Tradewinds R…, , Norwell, MA
Thu Dec 23, 2010
Hello each and every contract is written differently so it is best to reread it yourself a few times, looking for a performance clause. I would then suggest you contact the Attorney General's Office in Boston who is the first line of consumer defense in this kind of matter. You may also want to double check the status of the contractor's license and insurance and if they are not intact then it may make it easier to remove yourself from the contract. Most likely, unless the contractor has ordered supplies or invested in custom made items for this project, they too would want to remove themself from a work situation where even before the project has begun, levels of expectations have not been met. Your comfort zone has been violated regarding the project.
If all else fails check with your local attorney to review the documents but I would say it is a matter of you responding in a timely fashion and also documenting all that has transpired. Good luck and if you do wish to consider other home remodelers in your area I have a referral base which is based upon my Clients being well satisfied with their expectations met or in most cases well exceeded! Just give me a call.
0 votes
Anna M Brocco, Agent, Williston Park, NY
Thu Dec 23, 2010
Much will depend on your agreed contract, review the document and make a determination, or consider consulting with an attorney--then go from there.
0 votes
The Tuttle T…, , Osterville, MA
Thu Dec 23, 2010
Hi Ron,
I would want to cancel too! Hopefully you haven't paid a deposit yet. Highly recommend that you have an Attorney review the contract so that you can exit the agreement without opportunity for recourse by the Contractor.

If you need referrals to highly qualified contractors with integrity, I'd be happy to help.

Good luck!

Chuck Tuttle 508-375-1000
TuttleTeam Real Estate
0 votes
Dallas Texas, Agent, Dallas, TN
Thu Dec 23, 2010
Virtual response to your question will not benefit you UNLESS the entire contract is reviewed. Best confer with a real estate attorney who can review terms & conditions which will govern what you can or can not do.

Lynn911 Dallas Realtor & Consultant, Loan Officer, Credit Repair Advisor
The Michael Group - Dallas Business Journal Top Ranked Realtors
972-699-9111
http://www.lynn911.com
0 votes
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