Massachusetts Account Stated for Construction Work
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How to fill out Account Stated For Construction Work?
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FAQ
In answer to your question about money up front you should be paying no more than 10% up front and then only when initial materials arrive on site.
Any individual or any company that solicits, bids on, or performs residential contracting as a contractor or subcontractor on an existing one- to four-unit, owner-occupied primary residence in Massachusetts must register as a home improvement contractor.
That one year warranty period specifically refers to the obligation of the owner to give the contractor the right to cure, and the contractor's right to be able to fix the defective work.
The six-year limit in General Laws c. 260, § 2B is not a statute of limitations but a statute of repose. A statute of limitations normally governs the time within which legal proceedings must be commenced after the cause of action accrues.
The exact deposit amount contractors ask for upfront varies and is especially dependent on the size of the project. For relatively small jobs, like a $15,000 bathroom remodel, contractors may ask for a 50% deposit. For large jobs, like a $100,000 full-home renovation, a 10%20% deposit is more typical.
Where a defect amounts to a breach of contract (which will usually be the case), the default limitation period for bringing a claim against the contractor is 6 years from the date of practical completion. However, if the contract is executed as a deed, that period is extended to 12 years.
Any deposit required to be paid in advance of the start of the work cannot exceed one-third of the total contract price or the actual cost of any material or equipment of a special order or custom made nature, which must be ordered in advance of the start of the work to assure that the project will proceed on schedule.
Anyone who wants to operate as a general contractor in Massachusetts needs a Massachusetts Construction Supervisor Licenseeither restricted or unrestricted. Learn how to get a contractor's license in Massachusetts below, and work with Surety Bond Professionals to get a contractor license bond.
The statute of repose bars tort claims arising out of any deficiency or neglect in the designing, planning or construction of an improvement to real property commenced more than six years after the earlier of: 1) the opening of the improvement to use; or 2) substantial completion of the improvement and the taking of
Ask the contractor to explain why the price rose so dramatically from the initial estimate. He will likely say something about unexpectedly high expensive labor and materials. Request an itemized invoice, explaining that you do not feel comfortable remitting any payment until you can further examine this issue.