Home improvement laws

CHICOPEE, Mass. (Mass Appeal) - Building or remodeling a home is complicated, but when you throw in the legal aspect, it just gets a little more complicated. There are permits to obtain, and other legal information to be aware of. Attorney Mark Beglane of Bacon Wilson, attorneys at law to make sure you know the legal aspect of building, or remodeling.

To add something to my existing home do I need to get a permit?

It depends. Usually if you are dealing with a structural addition that's going to have some structural capacity you will need a permit from the local authorities either the city or town that you are building in.

What if I want to put up new sheetrock? Do I need a permit for that?

No you wouldn't necessarily need it for sheetrocking. If you start putting up studs and supporting type structures or adding an extra room off of a building, yeah.

The permits are these something I should try to obtain or should I get a contractor to do those for me?

Under the law the best way to do it is to have it done by the contractor. Under law 142 the home improvement contractor law you have access to the guaranteed funds that the state has if there's a problem with the contract only if the permit has been obtained by the builder or contractor. You won't be able to access that fund. For instance if the builder goes out of business or loses you won't have access to the fund. It allows you to get $10,000 recovery from that fund. It is funded by the contracts.

I am handy with a set of tools, I feel like I could build an addition on my house. Good idea or bad idea?

If you don't get the proper permits there are people that go out there to do that. If you sell your home or refinance the home someone will want evidence the way you built that house is done correctly. You run the risk if it hasn't been there for more than 10 years the building inspector or the town could force you to remove that addition. It could also discourage a buyer who may not want to take that risk when they buy a home.

I have decided I want that addition and I hired a contractor. What do I need from that contract?

I think the first thing you want to get from the contractor is references, find out who he has done work for look at jobs that he has done. Check with the better business bureau. Get his license number. You can check with the board of building regulations for all of the people who has license and work out your deal. What do you want if you have an addition done. You have to be specific. Work out a business deal. Once you have the work you are required to have a contract if it's $1,000 or more under Massachusetts general law. If it's a big contractor he will have his form contract that you should take to a lawyer who specializes in these types of things to make sure the contract is in compliance with the law and also protects you and deals with all aspects of things that can happen with the contract.

In that you want it to be as specific as possible. Is it good enough to say you are going to put on a new roof and new windows?

You take one heck of a risk. You have that and you want to be specific. You don't want to pay for a Cadillac in getting the Chevy. If that's what you say that's what you get. That would be compliance. You want to be specific as possible with the specifications spelled out attached to the contractor plans specific plans give all of the detail. The contract should specify who does what work when they start and when it is going to be completed and who has to carry what insurances. You don't want to be responsible if someone is hurt on the job. If it is you want compliance with the home if it was built after 1978 with lead safe and you make sure you are not exposing your family to any harms.

What if my definition of finish is different than the contractor's version?

I think it's important is to try to find specifically what do you mean by completion? Completion is typically the last end of the contract where you are looking to get paid. You don't want to pay if you don't think it's been completed. The contractor if he thinks it is will be completed that's where you get into arguments. A lot of contracts will have provisions for arbitration rather than go to court you will have an arbitrator decide you can put that into your contract. The contracts have to specifically have a right of recision three business days from entering into the contract to take it to the lawyer to think about whether they made a good deal or bad deal they can back into the contract. You are required to get a copy of that contract. It should be specific. They should have plans. Can't get more than a third up front under the state law. Unless it's more specific design items that have to be specially awarded they can charge in addition to the third with the specially designed items.

It is sort of essentially a third of the labor costs.

In terms of what's there. That's what you are looking to try to get. What you don't want to do is pay 100% up front and