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Old 05-10-2009, 01:03 PM   #1
Builder
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Default Hiring someone to do work ?

Check and see if they are licensed and insured here. If you have a problem with a licensed builder/plumber/electrician etc., you've got some recourse. With unlicensed/uninsured handyman fly-by-nighters your on your own.

http://license.reg.state.ma.us/publi...asp?color=blue.
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Old 01-06-2010, 08:25 AM   #2
flint_flake
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Default re:licensed and insured

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Originally Posted by Builder View Post
Check and see if they are licensed and insured here. If you have a problem with a licensed builder/plumber/electrician etc., you've got some recourse. With unlicensed/uninsured handyman fly-by-nighters your on your own.

http://license.reg.state.ma.us/publi...asp?color=blue.
Let me tell you the end result of what recourse you think you may have.After a few years waiting for a court date and a bundle of legal fees the "Licensed and Insured " person claims bankrupcy just before the court date and you're pretty much out of luck
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Old 01-19-2010, 02:12 PM   #3
Doug
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Yep and then they re-open with a "new" business shortly thereafter.
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Old 01-20-2010, 09:36 AM   #4
foggysps
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yep...see that happening all the time. New co name, new city, different DBAs.
The shady contractors know the loopholes.
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Old 01-22-2010, 08:32 AM   #5
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That's not entirely true. Especially in Massachusetts. MA has a fund that all licensed contractors pay into. In the event that you are wronged by a contractor, or he goes bankrupt, you can be repaid by the fund, if your case is decided in your favor.

It's called "The Residential Contractors Guaranty Fund"
These protections stem from the provisions of MGL 142A, The Home Improvement Contractor Law.

You can learn more about this here:
http://masmallclaims.org/website/en/...e-improvement/
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Old 01-25-2010, 05:59 PM   #6
flint_flake
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Yes it does , but it's a limited amount , $10,000 I believe.......
Quote:
Originally Posted by SmartBusiness View Post
That's not entirely true. Especially in Massachusetts. MA has a fund that all licensed contractors pay into. In the event that you are wronged by a contractor, or he goes bankrupt, you can be repaid by the fund, if your case is decided in your favor.

It's called "The Residential Contractors Guaranty Fund"
These protections stem from the provisions of MGL 142A, The Home Improvement Contractor Law.

You can learn more about this here:
http://masmallclaims.org/website/en/...e-improvement/
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Old 01-25-2010, 07:32 PM   #7
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Quote:
Originally Posted by flint_flake View Post
Yes it does , but it's a limited amount , $10,000 I believe.......
You are right. It's a $10k max. In fact, no more that $25k in claims can be paid out against a contractor in one year. And you do have to exhaust all other legal remedies first. You need to have a judgement before you can file a claim against the fund.


Chapter 142A: Section 7. Claims against fund; award limitations
Section 7. An owner may make a claim to the fund only if he has complied with the provisions of section three of this chapter, and has filed his claim with the fund within six months after the owner has obtained a judgment or arbitration award, and has exhausted all such customary and reasonable efforts to collect the judgment or award.

A claim under this section shall not be construed to limit the availability of other legal or equitable remedies unless the claim made is for the full amount of the value of the work claimed as damages, in which case the contractor or subcontractor, upon repayment to the fund, may use repayment as a defense via settlement.

The fund administrator may not award: (1) more than ten thousand dollars or any amount necessary to compensate the owner for his actual loss, whichever is less to any one claimant or; (2) more than seventy-five thousand dollars to claimants on account of the conduct of any one registered contractor or subcontractor within a twelve month period, unless after the fund administrator has paid out said seventy-five thousand dollars the registrant has repaid the fund the full amount; provided, however, that it is within the discretion of the fund administrator to waive the limit with cause; or (3) any amount for consequential damages, except as may be allowed under section four, or for personal injury, punitive damages, attorney's fees, court costs or interest.

If at any time the money deposited in the fund is insufficient to satisfy any approved claim or portion thereof, the fund administrator, when sufficient money has been deposited in the fund, shall satisfy the unpaid claims or portions thereof in the order that the claims were originally filed with the fund administrator.
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