September 09, 2010
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Penalties for using an illegal construction contract in Massachusetts:
  • Any home improvement contract which does not comply with Massachusetts General Laws 142A, Section 2 can result in penalties which include suspension of registration, a fine up to $2,000 and imprisonment for up to one year.
  • Failure to disclose any building permit required for the job can result in penalties which include suspension of registration, a fine up to $2,000 and imprisonment for up to one year.
  • Contracts which don't comply with Massachusetts General Law Chapter 142A constitute "an unfair or deceptive act", giving an owner the right to seek triple damages and attorney fees.
  • Intentional violation of the building code is an "unfair or deceptive act" which entitles the owner to recover triple damages and attorney fees under the Massachusetts Regulation of Business and Consumer Protection Act.
  • Failure to get an agreement on arbitration of disputes results in loss of the contractor's right to compel arbitration.
  • Failure to make federal truth-in-lending disclosures requires restitution of the overcharge.
  • Failure to include the disclosures required by 12 Code of Federal Regulations Section 226.15 extends the right of rescission to three years (rather than three days).
  • Omitting insulation disclosures required by 16 Code of Federal Regulations Section 460 can result in an $11,000 fine
The contracts linked below will help Massachusetts contractors avoid these penalties by complying with state and federal law.
The contracts linked below also comply with current Massachusetts and federal court decisions.

Massachusetts Construction Contracts Available Now
Title Bias Contract Type Page Length
MA Commercial Construction I Light bias in favor of the contractor. Prime 37
MA Commercial Construction II Light bias in favor of the owner. Prime 16
MA Commercial Repair Neutral. Prime 21
MA Commercial Subcontract I Light bias in favor of the subcontractor. Subcontract 33
MA Commercial Subcontract II Light bias in favor of the contractor. Subcontract 17
MA Custom Home I Light bias in favor of the contractor. Prime 20
MA Custom Home II Light bias in favor of the owner. Prime 27
MA Home Improvement I Moderate bias in favor of the contractor. Prime 26
MA Home Improvement II Moderately favors the owner. Prime 30
MA Home Repair I Heavy bias in favor of the contractor. Prime 30
MA Home Repair II Heavy bias in favor of the owner. Prime 20
MA Pool Neutral. Prime 19
MA Public Works Subcontract Moderate bias in favor of the contractor. Subcontract 37
MA Residential Subcontract I Light bias in favor of the subcontractor. Subcontract 16
MA Residential Subcontract II Light bias in favor of the contractor. Subcontract 21
MA Tenant Improvement Neutral. Prime 16
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