MA Small Claim Court limit too low -- Other options?
dow...@my-deja.com
to install a new lawn in my backyard. The contract called for clearing
of the existing weeds, removing an existing crushed stone area,
leveling/grading, spreading two inches of loam, plus seeding. The
contractor has spread the crushed stones throughout the lawn,
brought in poor quality loam containing stones larger than the
crushed stones, pieces of broken glass, and pieces of fabric + other
junks. To make the story short, I have ended up with a backyard full
of stones and weeds instead of a healthy lawn.
I called the ALCM (Associated Landscape Contractors of MA), which
this contractor is a member of, and they recommended talking to
two landscapers. So far, I have met with one of them and he has told
me that I have gotten an extremely poor product and no matter how
much repair is done, due to poor foundation, I will never have a
good lawn, unless is redone. I have also been alerted to the
liability factor of pieces of glass (I don't have kids
but my relatives and neighbors do).
Since the contracted landscaper refuses to do the right thing, I'm
seeking my best options to take him to court. I was told to look
into small claims court. So I did. But I have paid almost three
times the max limit allowed for MA small claims
(which is $2000). What are my other options? If I have to hire a
lawyer, where can I find a good one for a fair fee?
I would appreciate an email (dow...@acm.org) of your posted response.
I'll be looking forward to your informed suggestions.
Best regards, sd.
Sent via Deja.com http://www.deja.com/
Before you buy.
John F Carr
>Since the contracted landscaper refuses to do the right thing, I'm
>seeking my best options to take him to court. I was told to look
>into small claims court. So I did. But I have paid almost three
>times the max limit allowed for MA small claims
>(which is $2000).
You are probably out of luck this time, but if you want the small
claims limit raised for the future, Massachusetts citizens have the
right to fill bills in the legislature and the period in the two year
legislative session when such bills can be filed is approaching. Call
your state representative to ask how.
--
John Carr (j...@mit.edu)
P. Falcon Bird
>
>Since the contracted landscaper refuses to do the right thing, I'm
>seeking my best options to take him to court. I was told to look
>into small claims court. So I did. But I have paid almost three
>times the max limit allowed for MA small claims
>(which is $2000). What are my other options? If I have to hire a
>lawyer, where can I find a good one for a fair fee?
>
You might just be out of luck. Oftentimes contractors are pretty good
at hiding their assets; sometimes they actually have none (which
explains why they use substandard supplies and methods).
The contractor if he is smart and typical, is hiding behind a corporate name
and the corporation has few assets. Meanwhile the contractor himself might be
living in a mansion- his personal assets unreachable.
It sucks, but that is the way it often goes.
IANAL, above for discussion and entertainment only.
P.S. Learned too much the hard way while having a couple of homes built.
Next time make the contractor post a bond.
Saadat Dowlati
a new lawn in my backyard. The contract called for clearing of the existing
weeds, removing an existing crushed stone area, leveling/grading, spreading
througout the lawn, poor quality loam contained stones larger than the crushed
stones, pieces of broken glass, and pieces of fabric + other junks. To make
I called the ALCM (Associated Landscape Contractors of MA), which this contractor
is a member of, and they recommeded talking to two landscapers. So far,
I have met with one of them and he has told me that I have gotton an extremely
poor product and no matter how much repair is done, due to poor foundation, I
will never have a good lawn, unless is redone. I have also been alerted to
the laibility factor of pieces of glass in the loam (I don't have kids but
my relatives and neighbors do).
Since the contracted landscaper refuses to do the right thing, I'm seeking my
best options to take him to court. I was told to look into small claim court.
So I did. But I have paid almost three times the max limit allowed in MA small
claim court (which is $2000). What are my other options? If I have to hire a lawyer,
where can I find a good one for a fair fee?
I would appreciate an email (dow...@acm.org) of your posted response.
I'll be looking forward to your informed suggestions and best regards,
sd
Patton Echols
Saadat Dowlati wrote:
>
[Question about options to collect from landscape contractor who did
shoddy work]
I don't know much about Mass. But maybe there is a state agency that
licenses / handles complaints / requires contractors to post a bond?
Try the state website http://www.state.ma.us/
I didn't find a Landscape contractors board, but did find some links and
phone numbers where you might be able to ask.
Try http://www.state.ma.us/sec/cis/ciscig/d/d1.htm (consumer affairs)
Landscape Architects: (617) 727-3072 (probably not who you want but
might know who is . . .)
And maybe your best bet:
State Board of Building Regulations and Standards
Executive Office of Public Safety
One Ashburton Place, Room 1301
Boston, MA 02108-1618
Tel: (617) 727-7532
Toll Free: 1-800-223-0933
Home Improvement Contractor Registration: (617) 727-8598
Fax: (617) 227-1754
www.state.ma.us/bbrs/bbrs2.htm
E-mail: MailB...@state.ma.us
There may be other options on their web-site. Good luck
--
Patton
---
nos...@isp.com
>This summer I paid [almost six] thousand dollars
> to a local landscaper to install a new lawn in my
> backyard . . . [but the contractor violated numerous
> provisions of our contract so that] I have ended up
> with a backyard full of stones and weeds instead of
> a healthy lawn.
>
> [I salso believe that through the guy's trade association
> or through other sources I can obtain expert support] that
> that I have gotton an extremely poor [and perhaps even
> dangerous] product . . . [not] repair[able unless entirely]
> . . . redone.
>
> * * * I was told to look into small claim court [but
> learned that my claim exceeds that state's $2,000 cap
> for that court]. What are my other options?
Its a cost-vs.-benefit sort of Thing.
One option therefore is to evaluate your likely costs including delay and
uncertainty and reach a compromise with the guy, perhaps at a sum lower than
you would have otherwise been willing to accept.
Assuming that you've reread your agreement and confirmed that it doesn't
contain (as arguably the prudent person should have seen to it, up front, that
it did) an arbitration provision and especially (but not merely) if he rejects
settlement outright, another option might be arbitrarily to reduce you claim to
the small claim court's limit and to sue for that amount in the realization
that a judgment for potentially $2,000 more than nothing is worth more than
nothing.
A third option is of course to sue in the branch of the Mass. courts (in some
municipalities, in the same building) which doesn't have the noted dollar limit
and, in that connection, analyzing the facts in more detail than you state in
your posting to determine whether there may be a bona fide basis under Mass.
law for further related claims (if, in particular, a "[no] deceptive business
practice" one under that state's comparatively strong/with-"teeth" statute,
then possible damage-enhancement and, anyway and more importantly,
award-of-attorneys' fees possibility).
> If I have to hire a lawyer, where can I
> find a good one for a fair fee?
If you don't believe you have, maybe don't have, the basic practical good sense
re. comparatively interviewing professionals in your area, you may benefit at
least psychotherapeutically as well as maybe practically by finding and reading
the the Brett Weiss, Esq., web page about how to do this.