When a contractor causes another private party or person to suffer a physical or economic injury, then they may be held civilly liable for their actions or inactions. In other words, if you have suffered an injury as a result of a contractor’s actions or inaction, then you may sue them. In the state of Massachusetts, contractors are most often sued when they fail to follow an agreed-upon contract.
For example, if a contractor fails to perform all of the work they promised to perform under the terms of a contract, such as failing to perform within specified deadlines, then you may sue them for breach of contract. Other common examples of when you can sue a contractor in Massachusetts include:
- If they complete a job but do so in violation of the terms of the contract, such as painting your house the wrong color;
- If they complete a job, but their work violates safety standards, local zoning ordinances, or other codes that they must professionally operate within;
- If they accept a deposit or payment from you but then fail to complete or only partially complete their obligations under the contract;
- If they overcharge you, such as charging you for expensive parts when in reality they used cheap or used parts.
As such, when you are hiring a contractor in Massachusetts, such as for home repairs, it is important to execute a legal contract between yourself and the contractor that protects you. In general, a service agreement or contract should specify the terms and conditions of your arrangement with the contractor, including:
- A thorough description of the exact work that is to be performed under the contract;
- A description of the amount of money that is to be paid for the work performed by the contractor, including the time in which the money will be paid, such as installments or in a lump sum;
- A time frame that provides the deadlines which determine when all of the work is to be completed;
- Whether or not the contractor is permitted to use subcontractors;
- A section that details what qualifies as a breach of the contract and the penalties for such breaches.
It is important to note that if a contractor violates the terms of a written and executed agreement, then you may sue them in civil court. In general, most claims brought against contractors will be breach of contract lawsuits. However, there are also other legal claims that may be filed against a contractor in Massachusetts.
What Are Some Legal Claims That Can Be Filed Against a Contractor?
As mentioned above, the most common legal claim filed against contractors in Massachusetts are breach of contract claims. A breach of contract occurs when one party fails to fulfill their obligations under the terms of a contract, such as when one party fails to perform or deliver services within an appropriate amount of time, or fails to perform their contract obligations at all.
In general, there are four types of breaches that can occur in relation to contractors:
- Minor Breach: Minor breaches occur when one party fails to perform part of the contract but does not violate the entire contract.
- For example, a party being delayed in delivering goods but still delivering the goods may result in them being sued for the delivery delay if there are damages;
- Material Breach: A material breach occurs when one party’s breach substantially impairs the contract as a whole, such as a contractor completely failing to deliver goods;
- Fundamental Breach: A fundamental breach is a more egregious breach than a material breach, such as a contractor attempting work, leaving the work partially done, and causing additional damages to the party that contracted them;
- Anticipatory Breach: An anticipatory breach is a breach that occurs when one party notifies the other that they will not be fulfilling their duties under the terms of the agreed-upon contract.
Examples of other common legal claims that a homeowner may file against a contractor in Massachusetts include:
- Contract Fraud Claims: Contract fraud occurs when one party knowingly makes a false claim with the intent to trick or deceive the other party into signing a contract;
- Defective Construction Work Claim: Construction defects refers to work that is performed by a contractor that reduces the value of a home, including:
- Design deficiencies, such as roof work not being completed in accordance with building codes, which may result in water intrusion or inadequate support;
- Material deficiencies, such as utilizing inferior materials that aren’t up to code or inadequate;
- Construction deficiencies that result from poor workmanship, such as failing to properly install electrical;
- Subsurface deficiencies in the home, such as building the home on an unsafe landscape or in unstable conditions.
In addition to all of the above, a contractor may also be sued if they cause you a personal injury. In other words, if a contractor’s negligence leads to you being physically or economically injured, then you may bring a personal injury claim against them based on their negligent actions or inactions.
Can I Sue a Contractor Without a Contract?
Although most civil lawsuits against contractors are breach of contract claims, you may still sue a contractor without a written contract. One way that you may still sue a contractor without a written contract is to argue that an implied or oral contract was formed.
For example, if you hire a contractor to paint your entire house, and they accept your money and begin painting your house but then later stop, you may be able to demonstrate through your payments and the contractor’s performance that an oral contract was formed.
If you are able to prove the existence of an oral contract, then you could have a court enforce your oral contract by having the contractor either partially refund you, having them complete the work, or by having them cover the costs of having the work completed by another contractor. However it is important to note that the person who is bringing the civil lawsuit will have the burden of proving the formation of an oral contract.
Additionally, you may also sue a contract based on other legal theories which do not require a written contract, such as for a personal injury.
How Do I Sue for Breach of Contract?
In order to sue a contractor in Massachusetts for a breach of contract, you as the plaintiff (i.e., the party that is alleging they suffered physical or economic harm) must demonstrate all of the following:
- That there was a legally enforceable contract. You must first demonstrate that a valid and enforceable contract was entered into between you and the contractor, which requires that there was:
- An offer, most often a written offer that was made by one party to the other;
- Acceptance of the offer made by one party to the other; and
- That consideration was paid, such as performing services or making a payment for services.
- Second, it must be demonstrated that a breach of contract occurred. In order to establish a breach, you must typically demonstrate that the terms of the contract were violated, such as by the contractor failing to fulfill their duties under the contract; and
- Lastly, you must demonstrate that you suffered actual economic damages as a result of the breach. Typically, this is done by providing receipts of work that needs to be done to rectify the contractor’s actions or inaction.
How Much Does It Cost to Sue a Contractor?
The cost of suing a contractor for poor workmanship in Massachusetts will depend on a variety of different factors, such as:
- The total cost of your attorney and their related attorney fees, should you choose to hire an attorney to pursue your civil claim against the contractor in civil court.
- An attorney’s fees will vary based on their experience, their reputation, the location of your case, the complexity of your case, and the time spent on your case, to name a few;
- Whether or not your case may be resolved in small claims court rather than in a district court;
- Whether or not you are able to negotiate a settlement with the contractor and avoid filing a civil lawsuit or whether you can engage in an alternative dispute resolution method, such as arbitration or mediation.
What Is the Statute of Limitations for Contract Disputes?
In the state of Massachusetts, you must commence any legal claim against a contractor by a specified deadline if you discover a defect in that contractor’s work. These deadlines are known as a statute of limitations.
Specifically, the statute of limitations for contract disputes with contractors is six years after the contract was broken. This statute applies to various claims related to contracts, including breach of contract claims or breaking an oral agreement.
For personal injuries that are caused by a contractor’s negligence, you must commence any legal claim within three years after the cause of action accrues. It is important to note that the clock for filing a civil lawsuit against a contractor begins to run on the day on which the alleged property damage occurred or the defect is discovered.
A local attorney in Massachusetts will be able to ensure that you meet the statute of limitations for pursuing your case against a contractor. Additionally, they will be able to help you determine your best legal cause of action.
Do I Need an Attorney for Suing a Contractor?
If you believe that a contractor has breached the terms of a contract you entered into, or if you have suffered any economic harm as a result of a contractor’s actions or inaction, then it is in your best interests to consult an experienced Massachusetts contract lawyer.
LegalMatch can assist you in finding an experienced contract lawyer near you and setting up a consultation with them. An experienced contract lawyer can also inform you of your best course of legal action according to Massachusetts’s specific laws regarding contractors.
Additionally, a contract lawyer will also be able to help you determine whether or not your claim against the contractor will be successful. If your attorney determines you have a viable claim, they will be able to help you initiate a civil lawsuit against the contractor that caused you damages, as well as represent you in court, as needed.
