A general contractor (GC) is the individual or entity responsible for overseeing all aspects of a construction project. Their responsibilities include hiring and coordinating the efforts of various subcontractors, procuring essential construction materials, budgeting, scheduling, obtaining permits, and ensuring compliance with building codes.
While hiring a general contractor can often provide the most cost-effective, efficient, and timely solution for executing a construction project, legal disputes may arise between the GC and the project owner, a construction company, or another entity involved in the process. These may include disagreements over payments, unexpected delays that put the work behind schedule, or shoddy workmanship.
If you experience a conflict in any general contractor-related legal matter in the Greater Boston Area, the knowledgeable litigation professionals at Calabrese Law Associates can help resolve the issue.
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How to Resolve a General Contractor Dispute in Boston
General contractor litigation can be complex, especially for those unfamiliar with Massachusetts’ contract and construction laws. A Calabrese Law Associates contractor disputes attorney can guide you through all the process steps, enabling you to avoid potential pitfalls while pursuing the most favorable outcome.
Initial Case Assessment
Your attorney will gather all available information regarding the situation and review the contract to determine whether a breach or violation may have occurred.
Direct Negotiation
In many cases, it’s possible to avoid protracted litigation by sending a demand letter to the contractor. This formal document from an attorney can often lead to a resolution without going to court, as it clearly explains your situation and sets clear expectations. It also outlines the potential ramifications of noncompliance, including the possibility of a lawsuit.
Alternative Dispute Resolution
This process offers another option for resolving general contractor disputes without resorting to litigation. One method is mediation, which involves a neutral third party helping the two sides attempt to reach a voluntary, non-binding agreement. Arbitration is a more formal procedure where an arbiter hears the evidence and issues a binding ruling.
Filing a Lawsuit
If these remedies are unsuccessful, you can consider filing a lawsuit to attempt to recover your losses. If the disputed amount is $7,000 or less, you may be able to take your case to small claims court without attorney representation. You can file by visiting the clerk’s office in the appropriate District Court, providing the contractor’s name and the reason for the lawsuit, and paying the filing fee. You will then attend a hearing and present your case before a clerk-magistrate.
For larger claims, a Calabrese Law Associates attorney can help you file a lawsuit against the GC in civil court in an effort to recover your losses. Before you can file a lawsuit, you must first send a demand letter and allow 30 days for the GC to provide a response and proposed resolution. Afterwards, your attorney can file a complaint in court outlining the contractor’s identity, the alleged breach of contract, and the damages sought.
Common General Contractor Disputes We Handle
An experienced general contractor attorney in Boston, Massachusetts, can represent you in a general contractor dispute involving:
- Breach of contract: Situations in which a breach can occur include the GC failing to complete the work, performing substandard work, not meeting deadlines, or abandoning the project.
- Negligence: General contractors can be deemed negligent when their poor workmanship results in damages. Workers could also sue if the GC’s failure to implement safe jobsite practices leads to injuries.
- Chapter 93A violations: This powerful consumer protection law in Massachusetts is intended to stop unfair or deceptive business practices. Examples include providing misleading information about services, using bait-and-switch tactics, charging hidden fees, and failing to honor warranties.
- Fraud: Fraudulent general contractor actions that can be grounds for a lawsuit in Massachusetts include falsely claiming licenses, financial misconduct, failing to obtain the necessary work permits, and lying about the scope or quality of the work.
- Payment issues: These problems can range from unpaid invoices and disputes over backcharges to GCs struggling with cash flow and disagreements on project progress payments.
What You Can Recover When You Sue a Contractor
Depending on the situation, a lawyer for contractor disputes can help you recover several types of damages, including:
- Compensatory: These direct damages can cover the costs of repairing the general contractor’s defective work or pay for the reduction in property value if repairs aren’t a viable solution.
- Consequential: You could recover these “special” damages for loss of use of the property due to the GC’s breach or if you incur additional expenses.
- Liquidated: You could receive a specific sum as set out by the contract due to delays or damages caused by the contractor.
- Punitive: The court may award these damages to punish the general contractor for egregious behavior beyond a simple breach, such as fraud or unfair business practices covered by Chapter 93A.
- Associated costs: Other recoverable damages may include attorney fees and court costs, particularly in cases related to Chapter 93A.
Why Trust Us?
When you choose a Calabrese Law Associates general contractor litigation attorney in Boston, Massachusetts, you get access to extensive experience handling construction law and general contractor disputes. We possess in-depth knowledge of the specific state statutes and their potential impact on your unique situation.
While we prioritize out-of-court solutions, we are aggressive litigators when necessary. If you need a lawyer to sue a contractor, our firm possesses the strength and experience to effectively advocate for your rights in court. We have a proven track record of attaining favorable results for our clients.
Contact Us for a Consultation Today
Don’t let a dispute with a general contractor derail your project. Contact the experienced construction litigation team at Calabrese Law Associates today for a confidential consultation with a Boston contractor disputes lawyer to discuss your case and learn how we can help. Fill out and submit the online contact form, or call us at 617-340-6623 today.
This publication and its contents are not to be construed as legal advice nor a recommendation to you as to how to proceed. Please consult with a local licensed attorney directly before taking any action that could have legal consequences. This publication and its content do not create an attorney-client relationship and are being provided for general informational purposes only.
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