Massachusetts · statute · Mass. Gen. Laws ch. 142A · 20 active provisions
Section 1. As used in this chapter, the following words shall, unless the context requires otherwise, have the following meanings:— ''Actual loss'', amounts payable for the cost of repair, replacement, completion or performance under the terms of a residential contracting agreement with respect to which a claim is made…
Section 2. (a) Every agreement to perform residential contracting services in an amount in excess of one thousand dollars shall be in writing and shall include the following documents and information: (1) the complete agreement between the owner and the contractor and a clear description of any other documents which ar…
Section 3. (a) Any party may bring an action to enforce any provision of this chapter, or to seek damages subject to the provisions of this chapter, in the superior court, the district court, or the small claims division of the district court. (b) In the alternative, an owner may request that a dispute resulting from a…
Section 4. (a) There shall be a private arbitration services program approved by the director, to consider disputes between owners and registered contractors and subcontractors, concerning or arising from contracts for residential contracting services. No claim may be filed for arbitration after 5 years from the date o…
Section 5. There shall be established a Residential Contractor's Guaranty Fund within the office of consumer affairs and business regulation, to compensate owners for actual losses incurred by them as a result of registered contractor or subcontractor conduct which has been found by a court of competent jurisdiction or…
Section 6. The fund administrator shall operate the fund in accordance with this chapter and maintain the fund at a level which is commensurate with claims anticipated to be made against it. All monies collected shall be deposited to the credit of the fund into a special interest bearing account to be administered by t…
Section 7. An owner may make a claim to the fund only if the owner has complied with section 3, has obtained a judgment or arbitration award and has filed the claim to the fund not more than 7 years from the date of the contract, the contractor has failed to pay the judgment or award and the director has determined tha…
Section 8. When the fund administrator has paid from the fund any sum to a claimant, the fund administrator shall be subrogated to all the rights of the claimant up to the amount paid, and the claimant shall assign all the claimant's right, title, and interest in the claim up to the amount paid to the claimant by the f…
Section 9. (a) No contractor or subcontractor shall undertake, offer to undertake, or agree to perform residential contracting services unless registered therefor with the approval of the office of consumer affairs and business regulation. (b) It shall be the duty of the director to issue and deliver a certificate of r…
Section 10. In order to be registered as a contractor or subcontractor, an applicant shall make a written application under oath to the director on a form provided by him. Said application shall set forth information that includes, but shall not be limited to:— (a) applicant's name, home address, business address exclu…
Section 11. (a) Every contractor or subcontractor shall pay a registration fee in an amount equal to the sum of: (i) the fee paid by construction supervisors pursuant to section 94 of chapter 143; and (ii) an amount necessary to recover the aggregate cost to the commonwealth associated with the use of credit cards to p…
Section 12. No application for registration or renewal conforming to the requirements of this chapter may be denied except for a finding by the director that the applicant has done one or more of the following acts which are grounds for denial: (1) made material omissions or misrepresentations of fact on application fo…
Section 13. (a) The director shall keep on file, in convenient form and open to public inspection, all applications for registration and copies of registrations issued and the names of all contractors or subcontractors whose registration has been revoked, suspended or surrendered. (b) All building permits shall clearly…
Section 14. The following persons are not required to be registered under this chapter: the commonwealth or any of its political subdivisions; any school, public or private, offering as part of a vocational education program courses and training in any aspects of home construction or home improvements; electricians, pl…
Section 16. The director shall be responsible for the implementation of the provisions of this chapter and the promulgation of such rules and regulations as he shall deem necessary to implement the provisions of this chapter. Prior to the adoption, amendment or repeal of any regulation, the director shall give notice a…
Section 17. The following acts are prohibited by contractors or subcontractors: (1) operating without a certificate of registration issued by the director; (2) abandoning or failing to perform, without justification, any contract or project engaged in or undertaken by a registered contractor or subcontractor, or deviat…
Section 18. If the director determines that any registrant is liable for a violation of any of the provisions of this chapter, the director may suspend the registrant's certificate of registration for such period of time as shall be determined by the director, revoke the registrant's certificate of registration, or rep…
Section 19. Any contractor or subcontractor who shall knowingly, willfully, or negligently operate without obtaining a certificate of registration as required by this chapter and who is not otherwise exempt from the registration requirement or any contractor or subcontractor who continues to operate after revocation of…
Section 20. If the director concludes that the continuing conduct of any person alleged to be in violation of this chapter may result in substantial or irreparable harm to any citizen of the commonwealth, he may seek: (a) A permanent or temporary injunction with respect to the conduct from the superior court of any cou…
Section 21. This chapter shall not be construed to relieve or lessen the responsibility of any person registered under this chapter or licensed under section ninety-four of chapter one hundred and forty-three, nor shall the commonwealth be deemed to have assumed any such liability by reason of the issuance of registrat…