Laws For Contractors In Massachusetts - Contracting and Construction Law Handbook
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Construction Law and the 'Right to Cure' Statute of Limitations Massachusetts 6 years for contracts 3 years for torts Michigan 6 years for contracts 3 years for torts 1 year for injury resulting from gross negligence Minnesota 2 years from discovery of injury for contracts or torts Mississippi 3 years for contracts and torts47 more rows
Claims for negligence are subject to a three-year limitations period, and also subject to the discovery rule. But – as in a number of states – Massachusetts has a statute of repose, which cuts off claims for negligence, concerning design or construction projects, six years after substantial completion of the project.
Do you need a license to be a general contractor in MA? Massachusetts general contractors who work on buildings of less than 35,000 cubic feet must have a license issued by the state. In some cases, you may also need to register as a home improvement contractor through the Office of Public Safety and Inspections.
Yes, you can be sued for breach of contract for taking too long. Many times, this sort of claim is expensive to prove, and expensive to defend. A negotiated solution is far preferable to litigation in most cases like this.
Factors that show you are an independent contractor include working with multiple clients instead of just one, not receiving detailed instructions from hiring firms, paying your own business expenses such as office and equipment expenses, setting your own schedule, marketing your services to the public, having all ...
These also vary by state. In California, the statute of repose is four years for most defects, but 10 years for latent defects (those that aren't observable right away, such as a faulty foundation). In Georgia, the statute of repose is eight years for all claims related to design or construction of the building.
Form W-9. If you've made the determination that the person you're paying is an independent contractor, the first step is to have the contractor complete Form W-9, Request for Taxpayer Identification Number and Certification.
Employers are not required to complete Forms I-9 and use E-Verify for their independent contractors. The Form I-9 regulations use common-law understandings of employer-employee relationships to describe who is an independent contractor.
Specify governing law. Identify the working relationship. Clearly define the scope of work. Specify what benefits, if any, the contractor will receive. Assign intellectual property. Include confidentiality clauses. Include a termination clause.