- limit the schudule of payments to the contractor; and
Violation of any of these requirements can result in criminal charges or, in a civil case, payment of treble damages and attorney fees of the homeowner. A recent case, Groleau v Russo-Gabriele (Norfolk Superior Court No. 2012-1818) (Nov 26, 2014), the court found that writing a contract that took away the homeowner's right to arbitration was an unfair or deceptive act. As a result, the contractor had to pay the damages the homeowner incurred to finish the construction and pay treble damages and attorney fees.
This case shows that contractors have to comply with the state regulations and that homeowner's can't contract away their protections. It is a complicated area of the law. Contractors should consult an attorney before soliciting business from homeowners. Homeowners should consult an attorney before signing a contract for home repairs.