Construction Law

Why Builders Shouldn't Cut Their Prices

Posted on October 21, 2009
In a previous post, I discussed why now is a good time to renovate. I pointed out that builders are not as busy and can devote more time to their projects, the economy has weeded out a number of "fly by night" contractors who were not truly dedicated to the profession and there have been sales on supplies and materials...

Time and Materials Contracts-Are They Illegal in Massachusetts?

Posted on October 17, 2009
I must admit, this question has been plaguing me as it pertains to Massachusetts. This issue applies to residential renovation only, but I know of many high-end contractors who use this method for their projects.Massachusetts law provides:Chapter 142A: Section 2...

Protecting & Preserving Fine Wine

Posted on October 15, 2009
Here's a great guest post from Paul G. Cox, the Business Development Manager at Vigilant Woodworks on wine cellars: If you have a growing collection of wine, it may be time to think about building a wine cellar or tasting/entertainment area in your home...

Stylish Solar Roof Panels-A New Product

Posted on September 04, 2009
Check out these solar roof panels that look like traditional roofing tiles:http://www.solarfeeds.com/energy-boom/8756-stylish-roof-solar-panels-are-coming.html

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Five Excellent Tips to Get Your Home Ready for Fall

Posted on September 03, 2009
All of these tips are quite doable and environmentally friendly.http://www.managemyhome.com/mmh/authored/articles/5+Tips+for+the+Dog+Days+of+Summer?sid=twitter

13 Top Bathroom Remodel Trends

Posted on August 21, 2009
http://realestate.msn.com/article.aspx?cp-documentid=13108041This is a great article for contractors and homeowners alike.

Preventing Fire in Your Home

Posted on August 21, 2009
An important post on preventing fire in your home:http://www.managemyhome.com/mmh/authored/articles/Preventing+Fire+in+Your+Home?sid=twitterThis article provides a great public service.

Home-Energy Plan Spreads Out Costs

Posted on August 20, 2009
Why can't Massachusetts do this?http://online.wsj.com/article/SB125064722656442071.htmlI know a contractor who has started a business doing energy audits and I am going to ask him to guest blog. Now we just need local loan programs to defray the costs of doing energy-saving retrofits...

Five Misconceptions About Home Energy Performance

Posted on August 19, 2009
I really like this post about the latest options in green products, because it points out that one should educate oneself before "jumping on the bandwagon" when choosing green materials.http://earth2tech.com/2009/08/13/top-5-misconceptions-about-home-energy-performance/#more-38989

Remodeling Magazine's article on Energy Retrofitting.

Posted on August 01, 2009
Part of dealing with the difficult economy is considering whether it is time to focus on new areas of practice or developments in construction. This article by Leah Thayer suggests that retrofitting houses with energy efficient improvements can benefit both contractors and homeowners alike...

Do Homeowners Need an Advocate

Posted on July 23, 2009
http://users.homepros.com/content/blog/656-3An informative and useful post from HomePros.

What the New Home Buyer Wants-From BuilderOnline

Posted on June 21, 2009
From: BUILDER 2009 Posted on: June 19, 2009 4:14:00 PMWhat the New Home Buyer Wantshttp://www.builderonline.com/sales-and-marketing/what-the-new-home-buyer-wants.aspx?rssLink=What+the+New+Home+Buyer+WantsResponsibility has replaced indulgence, according to speakers at PCBC...

The Unrealized Value of Owning a Green High Performance Home.

Posted on June 20, 2009
From Tony Marnella's Blog at http://tonymarnella.wordpress.com/.I wrote back in January about the behind the scenes inspections and testing that the green high performance homes get that many don?t know about or if they do, don?t appreciate the intensity of them...

Renovation Junky

Posted on June 13, 2009
Here's a fun, new site for renovation ideas and information: http://renovationjunky.com/

Building Products Top 100 List-53 Are Green Products

Posted on June 11, 2009
http://www.ecohomemagazine.com/green-products/readers-top-requested-products-shine-spotlight-on-green.aspx

When Your Contractor Runs Out of Money

Posted on June 04, 2009
I have gotten numerous calls over the last few weeks from homeowners whose contractors have run out of money. Either the contractors tell the homeowners that they are unable to continue, or warning signs occur. The contractor starts asking for payments ahead of the work, he presses you to sign new contracts or change orders for additional work, subcontractors start to complain that they aren't being paid, or he just disappears...

Solar Panels for Rent for Homeowners

Posted on May 25, 2009
This was in yesterday's Boston Globe:SUN FOR RENTBoston GlobeIt's an old energy problem with a new solution: After decades of facing prohibitively high costs to install solar panels, Massachusetts residents will be able to lease the panels for a tiny fraction of their upfront cost...

Build Green and Save

Posted on May 07, 2009
Kim Hibbs interviews the author of Build Green and Save. http://www.itsthecustom.com/

How to Hire a Home Contractor

Posted on May 05, 2009
Here's a helpful post by Daniel Mackey Construction:http://danielmackey.livejournal.com/5703.html

Construction Deal-A Blog with Excellent Home Construction Articles

Posted on April 29, 2009
http://www.constructiondeal.com/blog/

Meadowview Construction Offers Great Advice for Contractors and Homeowners

Posted on April 12, 2009
http://www.mvconstruction.com/index.htm

10 Things You Must Put in Your Next House

Posted on March 29, 2009
This is a reprint from the Builder magazine website:http://www.builderonline.com/products/10-things-you-must-put-in-your-new-house.aspx?page=1From: BUILDER 2008 Posted on: December 15, 2008 8:44:00 AM10 Things You Must Put in Your Next HouseAdd these features to boost the value of your homes with your buyers...

Moving Away from the Billable Hour in Construction Law

Posted on March 04, 2009

Why You Need a Good Renovation Contract

Posted on March 03, 2009

Home Owner/Contractor Patterns That Raise Red Flags

Posted on February 15, 2009
One of the advantages of having handled numerous home contractor/homeowner disputes is that I have a global view of the problems that arise. Homeowners and contractors are frequently shocked when something goes wrong during a renovation project, but if they are made aware of the "signs," the problems may be preventable...

BAGB Economic Forecast Dinner

Posted on January 30, 2009
Last night I attended the Builders Association of Greater Boston economic forecast dinner. The speakers were excellent, and they provided some encouraging news for Massachusetts and the nation. To summarize, their view is that the first quarter of 2009 is going to be the worst, and then things are going to gradually get better...

A Good Time to Start a Home Renovation

Posted on January 29, 2009
I imagine that some of you will say it's crazy to start a home renovation project in this economy. However, there are many reasons to consider doing one now, and here are a few:1. Contractors are no longer busy. The days are gone when contractors could afford to disappear from your project because they were working on others...

Budgeting for a Home Renovation Project

Posted on January 25, 2009
Like most construction lawyers, I am spending a lot of time thinking about the economy and how to safeguard my practice in these tough times. It occurred to me that now, more than ever, homeowners need to be realistic when planning a home improvement project...

Budgeting for a Home Renovation Project

Posted on January 24, 2009
Like most construction lawyers, I am spending a lot of time thinking about the economy and how to safeguard my practice in these tough times. It occurred to me that now, more than ever, homeowners need to be realistic when planning a home improvement project...

Insurance and Construction Projects

Posted on January 23, 2009
I have been wanting to post about insurance policies and construction projects for quite some time, as there is a great deal of confusion about what kinds of policies are necessary and which items are covered.Mark Tarpey of Tarpey Insurance Group provided me with this guest posting:For New Construction, the Purchase and Sales Agreement must be reviewed to determine who is providing the insurance during the course of construction...

Contractors-What to do in a Bad Economy

Posted on December 13, 2008
The construction industry is in a terrible state right now, and I know many contractors who are suffering the worst downturn in work in their careers. Now, more than ever, contractors need to protect themselves when they undertake projects and make sure they are operating their businesses correctly...

Warranties When the Contractor Abandons the Job

Posted on December 02, 2008
About a month ago, a woman walked into my office, and she said that her contractor told her that he would not honor his warranty unless she gave him a good reference. It seems like, of late, that homeowners are extremely concerned about the warranties provided by their contractors...

When the Contractor Files for Bankruptcy

Posted on December 02, 2008
As the economy has gotten worse, I receive phone calls from homeowners asking: what do I do if my contractor files for bankruptcy? First, the disclaimer. I am not a bankruptcy lawyer. The bankruptcy law changed within the last few years, and lawyers are required to issue a number of disclaimers before offering bankruptcy advice...

Building Confidence, LLC

Posted on November 17, 2008
I stated when I started this blog that I would have been able to help prevent many of the problems that contractors and homeowners experience when going through a construction project. I am now making my services available to support the goal of having a stress-free process...

I Want to Sue my Builder/Contractor/the Homeowner

Posted on November 11, 2008
One of the interesting aspects of writing this blog is I get to see the keywords that people use to find me. My audience frequently searches the title above to land at my blog. I have posted previously ("Think Before You Sue"), but I think it is tremendously important in the current economy to re-visit this issue...

Thoughts on Green Building

Posted on November 01, 2008
Although the concept of Green Construction has been around for quite some time, there seems to have been more discussion recently about using the technology to reduce heating costs, benefit the environment and as a marketing angle. I belong to a builder's association, and there have been more courses offered in green construction and LEEDS certification...

Getting Rid of a Mechanic's Lien

Posted on September 13, 2008
Before I say anything, I want to remind homeowners that mechanic's lien law is state specific. I only know how they work in Massachusetts. That said, there are usually similarities between states, and this will give you some idea of how the process works...

When Your Contractor is a Bully

Posted on August 21, 2008
Before I start this post, I want to remind my readers that I represent both contractors and homeowners and have seen good and bad on both sides. I can certainly write the next post about nightmare homeowners, but this one focuses on a phenomenon that I have seen recently...

AAA vs. Home Improvement Contractor Arbitration Program

Posted on July 31, 2008
At one point in time, I would guess that if a contract contained an arbitration clause, it most likely would have included an agreement to use the American Arbitration Association (AAA) for the arbitration itself. Nowadays, AAA has many competitors, but it is still a very popular option for construction contracts...

The Building Permit and the Homeowner

Posted on July 10, 2008
I cringe when I hear that a homeowner has pulled a building permit. Homeowners do not consider the responsiblity that goes along with pulling the permit and do not really think things through before doing so.Here's the good news-the average homeowner who pulls his own permit does not have to have a Home Improvement Contractor or Construction Supervisor license if he satisfies the following requirements:"Exception: Any Home Owner performing work for which a building permit is required shall be exempt from the licensing provisions of 780 CMR 108...

The Strength of a Mechanic's Lien

Posted on June 12, 2008
One of my readers asked a very good question in response to a recent blog post. Is the mechanic's lien a stronger item in Massachusetts? The answer to that question is yes, a mechanic's lien is a very effective means for a contractor to put someone on notice of his claim...

When the Subcontractor Does Not Get Paid

Posted on May 29, 2008
There is a great deal of confusion about what to do when a contractor does not pay the subcontractor. The homeowner wonders if he is liable when subcontractors start knocking on his door, saying they are still owed money. Subcontractors are not sure about their rights either...

Maintaining Control During a Home Renovation Project

Posted on May 09, 2008
Perhaps the hardest part of dealing with a home renovation project for a homeowner is giving up control of his home. The homeowner has to really have faith in the contractor because she is turning her life upside down and allowing someone else to control her environment...

The Contractor-Discussing Increases in Price

Posted on May 02, 2008
I have noticed a trend recently in contractor-homeowner disputes. It is a problem that usually occurs when contractors do not follow my cardinal rule:ALL CHANGE ORDERS MUST BE IN WRITING AND SIGNED OFF ON BY BOTH THE HOMEOWNER AND THE CONTRACTOR. THE CHANGE ORDER SHOULD SPELL OUT THE INCREASE OR DECREASE IN PRICE AND ALSO STATE WHETHER THE DATE OF SUBSTANTIAL COMPLETION WILL CHANGE AS A RESULT OF THE CHANGE ORDER...

Contractor Show on YouTube

Posted on April 22, 2008
I recently made my YouTube debut when I was interviewed by The Contractor Show in Florida. I gave advice to contractors about how to prevent disputes during renovation projects.Here's the link: http://www.youtube.com/watch?v=KsHpXmFkS1U

Yes, You Really Have to Read the Construction Contract

Posted on April 07, 2008
One day I was having lunch with a colleague who is an in-house counsel and he told me that someone asked him, "Do you really read everything that's written in those contracts?" At that point, we both started to laugh because the answer is yes, we really do read every word...

The Payment Schedule

Posted on April 04, 2008
Most construction contracts include a schedule for payments that looks something like this:33% on signing33% at completion of the rough inspection33% upon substantial completion.Although this would appear straightforward, in many cases it is not, and both parties need to put more thought into the payment schedule...

PREPARE FOR A SAFE SPRING CONSTRUCTION SEASON

Posted on March 27, 2008
Another post from Jerry Solomon:The new 2008 construction season is just weeks away. As you plan and prepare for your new jobs think about the safety of your workers and subcontractors. Make sure everyone knows how to do their work safely and is aware of the safety rules that apply to residential construction...

Preparing Yourself for a Home Renovation Project

Posted on March 20, 2008
A couple of weeks ago, I gave a presentation along with a home contractor to a group of professionals. The contractor, Paul Monaco, brought up a number of terrific points about the effect that a home renovation project has on one's household. So, in no specific order:1...

Calling in the House Therapist

Posted on March 16, 2008
The New York Times featured an article recently about consultants who help homeowners work through renovation projects. Here's the link:http://www.nytimes.com/2008/03/13/garden/13coach.html?_r=1&scp=1&sq=renovation+consultant&st=nyt&oref=slogin

The Reality of Legal Fees

Posted on February 24, 2008
A couple of weeks ago I was having lunch with another attorney, and I was lamenting about the fact that clients have such a difficult time understanding legal fees. The public tends to think that all lawyers set out to take advantage of their clients and charge inordinately high hourly rates without justification...

Anatomy of a Claim Against a Homeowner

Posted on February 19, 2008
The other day I posted on the usual procedure for bringing a claim against a contractor. Today I am focusing on what the contractor should do when bringing a claim against a homeowner. Some of these steps specifically apply to Massachusetts law.1. Make sure you have a good contract that is in compliance with your state law...

Mediating Home Contractor/Homeowner Disputes-On Television

Posted on February 18, 2008
This posting is from David Leavitt, who is developing a television show to mediate home renovation disputes. Anyone who is interested should contact David directly. This sounds like an interesting way to resolve disputes without pursuing litigation:I am casting Homeowners and Contractors for a home renovation dispute mediation and resolution TV show...

Anatomy of a Claim Against a Contractor

Posted on February 15, 2008
Even though every client's claim is different, there is a common approach to most home contractor/homeowner disputes. Clients want to know the big picture and the pros and cons of the options available to them. From the homeowner side, the steps to take are fairly consistent:1...

Contractors Say Recession Is Here

Posted on February 13, 2008
http://www.thebostonchannel.com/video/15284867/index.htmlThe Boston Channel ran a story about the current economy and how it has affected contractors.

Contractors and Criminal Liability

Posted on January 23, 2008
I have occasionally had clients who have been grossly mistreated by contractors. They have paid large sums of money for little or no return. The contractor may have done a little bit of work at the premises, but then disappeared. Perhaps the contractor took money in advance and then the homeowner discovered that even though the money was designated for subs, they were not paid...

My New Website!

Posted on January 17, 2008
I am proud to announce my newly redesigned website! Please take a look at www.andreagoldmanlaw.com.

Top Ten Clauses to Have in Your Contract-The Homeowner

Posted on January 01, 2008
The interesting thing about the contract from the homeowner's viewpoint is that many of the same clauses that I listed yesterday are just as important for the homeowner. For example, #1 is exactly the same:1. ALL CHANGE ORDERS MUST BE IN WRITING AND INITIALED BY BOTH THE HOMEOWNER AND THE CONTRACTOR! Should I say it again? The change orders should spell out any change in the contract price and include information about whether the completion date will be affected...

Top Ten Clauses to Have in Your Contract-The Contractor

Posted on December 31, 2007
As a post for starting off the new year, I have been thinking about the most important clauses to have in home contractor contracts. So, in an attempt to add to the top ten lists that are generated at this time of year, here is my list for contractors:1...

Contractor Found Guilty of Criminal Charges-From the Metrowest News

Posted on December 20, 2007
Contractor sentenced to 3-5 years in prison By Norman Miller/Daily News staff GHS Wed Dec 19, 2007, 11:44 PM EST CAMBRIDGE - A Leominster contractor accused of bilking customers in Natick, Marlborough and Arlington out of thousands of dollars in unfinished work was sentenced to state prison yesterday...

When Contractors Fail to Pay Subcontractors

Posted on November 28, 2007
In most home improvement contracts, the contractor serves as the general contractor (GC) and hires the subcontractors to do various aspects of the job. It is understood that it is the homeowner's duty to pay the contractor, and the GC then pays the subs...

Attorney's Fees and Construction Contracts

Posted on November 24, 2007
Many of my clients come to me with their claims and assume that the law will afford them their attorney's fees if they prevail in their case. Unfortunately, nothing could be further from the truth. The law does not provide you with attorney's fees unless there is a law that applies to your claim that gives you attorney's fees, or, they are provided for in the contract...

The Home Improvement Contractor License and the Construction Supervisor License

Posted on November 02, 2007
Both contractors and homeowners alike often do not realize that there is more than one type of licensing for contractors in Massachusetts. From the Office of Consumer Affairs & Business Regulation (OCABR) website:A Home Improvement Registration certificate and a Construction Supervisor License are different...

CONSTRUCTION WARANTIES ? A TRAP FOR THE UNWARY

Posted on October 19, 2007
From guest poster Attorney Steven R. Striffler, who is a construction attorney with construction experience:?Attorney's fees for the review of a contract before it is signed are a fraction of the cost of their fees after the project has gone bad.?I received two calls last week on warranties, one from a contractor and the other a homeowner...

Servicemagic.com

Posted on September 29, 2007
I am not in the habit of endorsing contractors or contractor referral services, but I do like to make the public aware that they exist. I recently had a problem with a garbage disposal and contacted servicemagic.com. They responded with the names of three contractors in my area and I could read reviews of their services online...

Questions to Ask a Contractor's References

Posted on September 07, 2007
How many times have you been advised to check someone's references? How many times were those references less than glowing? References are only as valuable as the information they provide, so the burden is on the homeowner to ask good, specific questions that will let him know whether the proposed contractor is a good match...

Suing a Builder-Part II

Posted on September 02, 2007
I have written about suing a builder for new construction previously, but I would like to spell out in more detail the remedies that a homeowner (or even commercial construction for that matter) may have when a dispute arises.As I have now stated over and over, the place to start is with a good contract...

The Contractor and Unreasonable Delay

Posted on August 28, 2007
We have all heard how construction/renovation projects take longer than we think they will. How you're lucky if they're done by a certain date. How you should be thrilled if your contractor actually shows up. The question is, when is delay par for the course, and when does it rise to the level of unreasonable or become actionable (resulting in an actual claim against the contractor)?Of course, the place to start with all of this is the actual contract...

Think Before You Sue

Posted on August 23, 2007
For those who are wondering why I am posting so much this week, it is because I am away on vacation. I would like to take this opportunity to ask those of you who read my blog to ask questions and suggest future blog posts.This post is not directly about contractor or homeowner issues, but I have been thinking lately about the stress of dealing with a lawsuit...

Home Contractor Claims - to Litigate or to Arbitrate (From the Contractor's Point of View)?

Posted on August 22, 2007
Unless a contractor has a provision in his contract that entitles him to attorney's fees when pursuing a claim against a homeowner, at least in Massachusetts, the contractor will be forced to pay his attorney's fees whether he is choosing to arbitrate or litigate...

When to Get an Inspection Report

Posted on August 19, 2007
I have recently been thinking a great deal about when a homeowner should hire an independent expert to review the work that a contractor has done at his/her home. This usually arises when the quality of the work has come into question. The homeowner is concerned that some items may need to be re-done, and subsequent contractors may have alarmed the homeowner with sweeping statements about extensive repairs...

Home Contractor Claims - to Litigate or to Arbitrate?

Posted on August 19, 2007
Once the relationship between a home contractor and a homeowner has broken down, and a demand letter has been sent, a decision must be made about how to proceed if the dispute is not resolved. At this point most homeowners and contractors are fairly anxious...

The Endless Punch List

Posted on August 01, 2007
In Massachusetts, a homeowner does not have to make the final payment until the work is done to "the mutual satisfaction of the parties." What is a contractor supposed to do when the homeowner is never quite satisfied, or the punch list of items to be completed never seems to end?I have seen this situation occur with my contractor clients, where homeowners take advantage or have unrealistic expectations about when a project is complete...

Why is it important whether the builder/contractor is incorporated?

Posted on July 23, 2007
I was so pleased to read the question listed above as comment on a recent blog post. Please continue with questions, and I will be happy to answer them. There are a number of reasons to want to know whether a builder/contractor is incorporated.In general, the reason to incorporate a business is to protect one's individual assets from creditors...

How to Approach Your Home Contractor Problem

Posted on July 11, 2007
Today I was thinking about that fact that I approach most of my home contractor cases the same way, but the path that is followed after the initial steps will vary depending on a number of factors. It also occurred to me that I frequently send homeowners off with a homework assignment before I even meet with them, because they call me before being fully cognizant of their potential damages or without knowing what they want to do next...

Reddish v. Bowen-Contractors Beware!

Posted on June 18, 2007
I have promised to post about some important home contractor cases in Massachusetts, and the Reddish case was decided in June 2006. In Reddish, the contractor installed a pool and violated a six-foot side lot setback requirement contained in a local zoning by-law...

Residential Building and Landscaping: High Hazard Industries

Posted on June 17, 2007
Another post by Jerry Soloman, OSHA attorney:Industries are recognized and treated by OSHA as ?High Hazard? if their injury rates per 100 workers are higher than the norm. Residential construction and Landscaping are among the industries with the worst injury rates...

Home Contractor Problems-What to Do Before You Call a Lawyer

Posted on May 29, 2007
Today I was speaking with a potential new client, and it occurred to me that many homeowners have no idea what to do when they have problems with a contractor. They feel helpless as the contractor has control over what is happening to their home, and they do not know how to deal with the situation when a contractor is doing poor quality work...

Landscape Design and Construction - How to Work with a Design Professional

Posted on May 29, 2007
Here is a guest post from Michael Radner, Landscape Architect:There are many reasons to improve the landscape around us. Many studies have determined that shoppers spend more time and money in stores shaded by street trees. Property values of single family or multi-family homes are as much as 15% higher when they are set in well-designed, well-maintained landscapes...

Suing a Builder in Massachusetts

Posted on May 12, 2007
Most of the posts from the homeowner side in this blog involve renovations or additions. As such most of these disputes involve contractors who are covered by the Home Improvement Contractor Law, or M.G.L. (Massachusetts General Laws) c. 142A. What should a homeowner do, however, if he or she is involved in a dispute with a builder?As I have said so many times before, a good contract should actually prevent disputes and spell out the procedure for dealing with problems before they arise...