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Am I required to stay with a contractor if I’ve made a deposit but no contract has been signed?

MassachusettsConstruction Contract
Anonymous Contractor

I’m a homeowner in Massachusetts. A contractor took a small deposit from me in August for a siding job. The work was to be done in August and since then nothing has occurred. He has a slew of excuses. I no longer trust him or want to invest tons of Money with someone who runs his business so poorly. He claims he has ordered the materials. Am I legally required to stay with this contractor if he says he ordered materials? I have not signed a contract. No work has been done and I have only provided him a deposit.

2 replies

Attorney at Phillips & Angley
| 1 reviews
Nov 11, 2022
If the contract was for over $1,000 it is governed by the Massachusetts Home Improvement Contractor statute, which requires a written contract between the parties. https://www.mass.gov/service-details/required-contract-terms-in-a-home-improvement-contract. Without a written contract I doubt the contractor has any rights against you and you likely have a right to return of your deposit. I suggest you browse the Massachusetts website on Home Improvement Contractors which is, in my view, very good and easy to understand, to get a handle on your rights.
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Attorney at Eckert Seamans Cherin & Mellott LLC
| 6 reviews
Nov 14, 2022
Am I required to stay with a contractor if I’ve made a deposit but no contract has been signed?
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