REGULATION OF HOME IMPROVEMENT CONTRACTORS

M.G.L. pt. Part I, tit. Title XX, ch. c. 142A

in effect

M.G.L. c. 142A, § 1 Definitions

c. 142A, § 1. Definitions Section 1. As used in this chapter, the following words shall, unless the context requires otherwise, have the following meanings:— ''Actual loss'', amounts payable for the cost of repair, replacement, completion or performance under the terms of a residential contracting agreement with respect to which a claim is made. ''Claimant'', an owner and resident of a residential building, containing at least one but not more than four dwelling units, who has entered into a construction contract with a contractor to carry out construction work on said building, and who is making a claim against said contractor for failure of performance under said contract. ''Contract'', a written agreement contained in one or more documents for the performance of certain residential contracting work, including all labor, goods and services set forth under said agreement. ''Contractor'', any person who owns or operates a contracting business who, through himself or others, undertakes, offers to undertake, purports to have the capacity to undertake, or submits a bid for, residential contracting work. ''Director'', the director of consumer affairs and business regulation. ''Employee'', any person employed by and under the direction and control of a contractor or subcontractor and who performs services for wages or salary. ''Fund administrator'', the administrator of the Residential Contractor's Guaranty Fund, appointed by the director of consumer affairs and business regulation. ''Fund'', the Residential Contractor's Guaranty Fund. ''Mortgage broker'', any person who, for compensation or gain, or in the expectation of compensation or gain, directly or indirectly negotiates, places, assists in placement, finds or offers to negotiate, place, assist in placement of mortgage loans on residential property for others, or as otherwise defined in chapter two hundred and fifty-five E. ''Mortgage lender'', any person engaged in the business of making mortgage loans, or issuing commitments to fund mortgage loans, or accepting applications or fees associated with the making of mortgage loans which are secured by a mortgage on residential property or, as otherwise defined by said chapter two hundred and fifty-five E. ''Mortgage loan'', a loan to any person made primarily for personal, family, or household purposes, secured wholly or partially by a mortgage on a residential property or, as otherwise defined by said chapter two hundred and fifty-five E. ''Owner'', any homeowner of a pre-existing owner-occupied building containing at least one but not more than four dwelling units, or tenant thereof, who orders, contracts for, or purchases the services of a contractor or subcontractor. ''Person'', any individual, partnership, corporation, society, trust, association, or any other legal entity. ''Registrant'', any contractor or subcontractor duly registered under the provisions of this chapter. ''Residential contracting'', the reconstruction, alteration, renovation, repair, modernization, conversion, improvement, removal, or demolition, or the construction of an addition to any pre-existing owner occupied building containing at least one but not more than four dwelling units, which building or portion thereof is used or designed to be used as a residence or dwelling unit, or to structures which are adjacent to such residence or building. ''Salesperson'', any person, other than a supplier of material or a laborer, who solicits, offers, negotiates, executes, or otherwise endeavors, to procure by any means whatsoever, directly or indirectly, a contract for residential contracting services from an owner on behalf of a contractor or subcontractor. ''Subcontractor'', any person other than a supplier of material or labor, who enters into a contract, written or verbal, with a contractor for the performance of any part of the contractor's contract, or who enters into a contract with any other subcontractor for the performance of any part of the subcontractor's contract, and who does not perform work other than a subcontractor.

M.G.L. c. 142A, § 2 Residential contracting agreements; requirements

c. 142A, § 2. Residential contracting agreements; requirements Section 2. (a) Every agreement to perform residential contracting services in an amount in excess of one thousand dollars shall be in writing and shall include the following documents and information: (1) the complete agreement between the owner and the contractor and a clear description of any other documents which are or shall be incorporated into said agreement; (2) the full names, social security numbers, addresses, exclusive of post office box addresses, registration number of the contractor, the names of the salesperson, if any, who solicited or negotiated the contract and the date when said contract was executed by the parties; (3) the date on which the work under the contract is scheduled to begin and the date on which said work is scheduled to be substantially completed; (4) a detailed description of the work to be done and the materials to be used in the performance of said contract; (5) the total amount agreed to be paid for the work to be performed under said contract; (6) a time schedule of payments to be made under said contract and the amount of each payment stated in dollars, including all finance charges. Any deposit required under the contract to be paid in advance of the commencement of work under said contract shall not exceed the greater of one-third of the total contract price or the actual cost of any materials or equipment of a special order or custom made nature, which must be ordered in advance of the commencement of work, in order to assure that the project will proceed on schedule. No final payment shall be demanded until the contract is completed to the satisfaction of the parties thereto; (7) the signatures of all parties shall be affixed to the contract; (8) there shall be a clear and conspicuous notice appearing in the contract: that all contractors and subcontractors must be registered by the director and that any inquiries about a contractor or subcontractor relating to a registration should be directed to the director; of the registration number of the contractor or subcontractor; of an owner's three-day cancellation rights under section forty-eight of chapter ninety-three, section fourteen of chapter two hundred and fifty-five D, or section ten of chapter one hundred and forty D as may be applicable; of all warranties and the owner's rights under the provisions of this act; in ten point bold type or larger, directly above the space provided for the signature, ''Do not sign this contract if there are any blank spaces''; of any lien on or security interest on the residence as a consequence of the contract. (9) an enumeration of such other matters upon which the owner and the contractor may lawfully agree; provided, however, that no such agreement may waive any rights conveyed to the owner under the provisions of this chapter; and (10) any other provision otherwise required by the applicable laws of the commonwealth. No contract shall contain an acceleration clause under which any part or all of the balance not yet due may be declared due and payable because the holder deems himself to be insecure. However, where the contractor deems himself to be insecure he may require as a prerequisite to continuing said work that the balance of funds due under the contract, which are in the possession of the owner, shall be placed in a joint escrow account requiring the signature of the contractor and owner for withdrawal. At the time of signing, the owner shall be furnished with a copy of the contract signed by both the contractor and the owner. No work shall begin prior to the signing of the contract and transmittal to the owner of a copy of such contract. Any contract entered into between a contractor and homeowner shall require the contractor to inform the homeowner of the following: (i) any and all necessary permits, (ii) that it shall be the obligation of the contractor to obtain said permits, and (iii) that homeowners who secure their own permits will be excluded from the guaranty fund provisions of this chapter. Any contract entered into between a contractor and homeowner may provide that the contractor may initiate alternative dispute resolution through any private arbitration services approved by the director, under paragraphs (a) to (e), inclusive, of section four; provided, that said alternative dispute resolution provision is clearly and conspicuously disclosed in the contract, in language designated by the director, and that each party separately signs and dates the provision, thereby assenting to the procedure. Contracts which fail to comply with the requirements of this section shall not be invalid solely because of noncompliance.

M.G.L. c. 142A, § 3 Civil actions; private arbitration program

c. 142A, § 3. Civil actions; private arbitration program Section 3. (a) Any party may bring an action to enforce any provision of this chapter, or to seek damages subject to the provisions of this chapter, in the superior court, the district court, or the small claims division of the district court. (b) In the alternative, an owner may request that a dispute resulting from and relating to residential contracting be decided under the terms of a private arbitration program approved by the director.

M.G.L. c. 142A, § 4 Arbitration; appeals

c. 142A, § 4. Arbitration; appeals Section 4. (a) There shall be a private arbitration services program approved by the director, to consider disputes between owners and registered contractors and subcontractors, concerning or arising from contracts for residential contracting services. No claim may be filed for arbitration after 5 years from the date of the contract. Such arbitration shall be performed by private arbitration services approved by said director, and shall operate in accordance with the regulations promulgated by the director. Either party may elect to pursue an action in small claims court if the amount of the dispute is within small claims jurisdiction. (b) All registered contractors and subcontractors who enter into contracts for residential contracting impliedly consent to the provisions contained in this section. (c) A contractor or subcontractor who is required to submit to arbitration as a result of an owner's application for arbitration may file a counterclaim, based on or arising from the same contract, in that arbitration. (d) All findings of fact issuing from arbitration shall be taken as prima facie evidence in any subsequent appeal brought by either party ensuing from the matter considered in said arbitration. (e) A contractor, subcontractor or homeowner may also appeal the decision of an arbitrator for a trial de novo in superior court or district court. Such appeal must be filed within twenty-one days from the issuance of such findings and shall stay any work or payment to the owner, contractor or subcontractor.

M.G.L. c. 142A, § 5 Residential Contractor's Guaranty Fund; regulations

c. 142A, § 5. Residential Contractor's Guaranty Fund; regulations Section 5. There shall be established a Residential Contractor's Guaranty Fund within the office of consumer affairs and business regulation, to compensate owners for actual losses incurred by them as a result of registered contractor or subcontractor conduct which has been found by a court of competent jurisdiction or an arbitrator pursuant to section 4 to be work performed in a poor or unworkmanlike manner or which is a common law violation or a violation of any statute or regulation designed for the protection of consumers, including but not limited to, prohibited acts listed in section seventeen; provided, however, that the contractor has failed to pay the judgment or award and the director has determined that reasonable efforts to collect have been made. The director shall promulgate such regulations as he may deem necessary to implement the fund under this chapter. Prior to the adoption, amendment or repeal of any regulation, the director shall give notice and hold a public hearing in accordance with the requirements of chapter thirty A. The fund administrator shall be responsible for implementing the provisions of this chapter and such regulations as the director may promulgate as they relate to the fund. For purposes of recovery against the fund, the conduct of a registered contractor or subcontractor shall be deemed to include the conduct of his employees, salespersons and subcontractors, whether or not an express relationship exists, provided the work or activities of such individuals is within the scope of the contract and not for additional work beyond the contract which such individuals undertake by separate agreement with the owner.

M.G.L. c. 142A, § 6 Operation of fund; deposits; interest; use of funds

c. 142A, § 6. Operation of fund; deposits; interest; use of funds Section 6. The fund administrator shall operate the fund in accordance with this chapter and maintain the fund at a level which is commensurate with claims anticipated to be made against it. All monies collected shall be deposited to the credit of the fund into a special interest bearing account to be administered by the fund administrator who shall invest or reinvest the money of the fund. No portion of monies in said account shall be used for the administration of the fund, except as required by this paragraph. Interest accruing from investment of money in the fund shall be credited to the fund, with a portion of the interest, the amount of which shall be determined by the fund administrator, to be applied to educating consumers, contractors and others as to the requirements of this chapter.

M.G.L. c. 142A, § 7 Claims against fund; award limitations

c. 142A, § 7. Claims against fund; award limitations Section 7. An owner may make a claim to the fund only if the owner has complied with section 3, has obtained a judgment or arbitration award and has filed the claim to the fund not more than 7 years from the date of the contract, the contractor has failed to pay the judgment or award and the director has determined that reasonable efforts to collect have been made. A claim under this section shall not be construed to limit the availability of other legal or equitable remedies unless the claim made is for the full amount of the value of the work claimed as damages, in which case the contractor or subcontractor, upon repayment to the fund, may use repayment as a defense via settlement. The fund administrator may not award: (1) more than $25,000 or any amount necessary to compensate the owner for his actual loss, whichever is less to any one claimant or; (2) more than $150,000 to claimants on account of the conduct of any one registered contractor or subcontractor within a twelve month period, unless after the fund administrator has paid out said $150,000 the registrant has repaid the fund the full amount; provided, however, that it is within the discretion of the fund administrator to waive the limit with cause; or (3) any amount for consequential damages, except as may be allowed under section four, or for personal injury, punitive damages, attorney's fees, court costs or interest. If at any time the money deposited in the fund is insufficient to satisfy any approved claim or portion thereof, the fund administrator, when sufficient money has been deposited in the fund, shall satisfy the unpaid claims or portions thereof in the order that the claims were originally filed with the fund administrator. The pendency of a claim against the fund shall not limit the director from taking disciplinary action against any registered contractor or subcontractor pursuant to this chapter.

M.G.L. c. 142A, § 8 Subrogation of fund administrator; right to reimbursement; repayment by contractor; judgment for unpaid amount

c. 142A, § 8. Subrogation of fund administrator; right to reimbursement; repayment by contractor; judgment for unpaid amount Section 8. When the fund administrator has paid from the fund any sum to a claimant, the fund administrator shall be subrogated to all the rights of the claimant up to the amount paid, and the claimant shall assign all the claimant's right, title, and interest in the claim up to the amount paid to the claimant by the fund administrator. Payment from the fund of any sum to a claimant under this section shall vest in the fund administrator a right to reimbursement to the fund, with interest, any money paid on account of the registered contractor or subcontractor found by the fund administrator to be responsible for the claim. If the amount paid from the fund, plus interest at a rate set by the fund administrator, is not repaid by the registered contractor or subcontractor on whose account a claim was paid in full, within thirty days after notice, the attorney general may seek legal proceedings to recover against the registered contractor or subcontractor the amount unpaid. The fund administrator shall be entitled to a judgment for such amount upon a showing that: (1) the registrant was afforded notice and an opportunity to be heard in legal actions which resulted in the judgment against the registrant, or in an arbitration proceeding pursuant to section four, and (2) no appeal is pending, and (3) the fund administrator has directed payment from the fund based on the final judgment of a court of competent jurisdiction, or an award of an arbitrator pursuant to section four. The fund shall be deemed a creditor with respect to any amount paid from the fund for the purpose of excepting to any discharge of the registered contractor or subcontractor under federal bankruptcy law.

M.G.L. c. 142A, § 9 Registration of contractors or subcontractors

c. 142A, § 9. Registration of contractors or subcontractors Section 9. (a) No contractor or subcontractor shall undertake, offer to undertake, or agree to perform residential contracting services unless registered therefor with the approval of the office of consumer affairs and business regulation. (b) It shall be the duty of the director to issue and deliver a certificate of registration to all applicants who have been approved for registration. (c) In the case of registration by a corporation or partnership, an individual shall be designated to be responsible for the corporation's or partnership's work. The corporation or partnership and its designee shall be jointly and severally liable for: the payment of the registration fee, the payment to the fund, as required herein, and for violations of any provisions of this chapter, including actions by the registrant's employees, subcontractors or salespersons. (d) Each applicant for registration shall submit to the director a completed copy of an application form supplied by the director and necessary supporting documents, along with the fees required by section 11; provided, however, that the applicants shall be given the option to pay any registration fee or fund fee using a major credit card. (e) Prior to approving any application for registration or renewal conforming to the requirements of this chapter, the director shall refer identifying information regarding an applicant to the department of criminal justice information services, which shall obtain criminal offender record information but shall transmit to the director only information regarding any conviction of the applicant of gross fraud or cheat at common law, as defined in section 76 of chapter 266.

M.G.L. c. 142A, § 10 Registration applications; required information

c. 142A, § 10. Registration applications; required information Section 10. In order to be registered as a contractor or subcontractor, an applicant shall make a written application under oath to the director on a form provided by him. Said application shall set forth information that includes, but shall not be limited to:— (a) applicant's name, home address, business address exclusive of post office box addresses, and social security number; (b) the names and addresses of any and all owners, partners or trustees of an applicant including, in case of corporate entities, the names and addresses of any and all officers, directors and principal shareholders, and copy of a business certificate if a registrant is not incorporated. If such corporate information is accurately reflected in the articles of organization or amendments thereto, or a current annual report of condition or other documents on file with the secretary of state or the Securities and Exchange Commission, a copy of the relevant sections of such filing shall satisfy the application requirements specified herein. If a person is conducting business in the commonwealth under any title other than his real name, individually or as a partnership, a copy of the certificate filed with the clerk of the city or town where an office of such person or partnership may be situated pursuant to section five of chapter one hundred and ten shall satisfy the application requirements specified herein. (c) whether the applicant has ever been previously registered in the commonwealth as a contractor or subcontractor pursuant to this chapter, under what other names he was previously registered, whether there have been previous judgments or arbitration awards against him, whether there is money owing to the fund on account of such judgments or awards against him, and whether his registration has ever been suspended or revoked.

M.G.L. c. 142A, § 11 Registration fees

c. 142A, § 11. Registration fees Section 11. (a) Every contractor or subcontractor shall pay a registration fee in an amount equal to the sum of: (i) the fee paid by construction supervisors pursuant to section 94 of chapter 143; and (ii) an amount necessary to recover the aggregate cost to the commonwealth associated with the use of credit cards to pay fees charged pursuant to this chapter. The registration fee required by this paragraph shall be payable upon application for registration and renewal. In addition, every contractor and subcontractor as defined in this chapter, shall pay a fee to the fund with his application for registration. The amount of such fee shall be based upon the number of persons in his employ at the time of application. A contractor or subcontractor with fewer than four employees shall pay a fee of one hundred dollars; with four to ten employees, the fee shall be two hundred dollars; with eleven to thirty employees the fee shall be three hundred dollars; with more than thirty employees the fee shall be five hundred dollars. Such payment shall be refunded if the application is denied by the director. No contractor or subcontractor shall be required to pay this fee more than once unless the fund administrator determines that the amount of the fund is insufficient to maintain it at a level commensurate with claims made against said fund. If such a determination is so made, after conducting a public hearing, the director, in consultation with the fund administrator, may assess each home improvement contractor or subcontractor an appropriate fee, the amount to be determined by the commissioner of administration and finance which shall not exceed the amount of the original assessment; provided, however, that the director shall not assess any registrant more than once in any twelve month period. Each certificate of registration issued by the director shall bear a number which shall be valid for two years from the date of its issuance and may be renewed upon approval by the director of an application to be provided by him. Said certificate shall not be transferable. [There is no paragraph (b).]

M.G.L. c. 142A, § 12 Denial of registration applications; grounds; requests for reconsideration

c. 142A, § 12. Denial of registration applications; grounds; requests for reconsideration Section 12. No application for registration or renewal conforming to the requirements of this chapter may be denied except for a finding by the director that the applicant has done one or more of the following acts which are grounds for denial: (1) made material omissions or misrepresentations of fact on application for registration or renewal under this chapter or on an application for licensure or renewal under section ninety-four I of chapter one hundred and forty-three; or (2) failed to pay either the registration fee or the payment to the fund required by this chapter; or (3) failed consistently to perform contracts or has performed said contracts in an unworkmanlike manner or has failed to complete said contracts with no good cause or has engaged in fraud or bad faith with respect to said contracts; or (4) failed to meet or has violated any of the requirements for registered contractors or subcontractors set forth in this chapter or has performed or is attempting to perform any act prohibited by this chapter. If a registration is refused, the applicant may, within ten days from the date notice of refusal is mailed, make a request for reconsideration. The director must render his decision within a reasonable period of time, but not more than sixty days following the request.

M.G.L. c. 142A, § 13 Registration records; building permits, contracts and advertisements

c. 142A, § 13. Registration records; building permits, contracts and advertisements Section 13. (a) The director shall keep on file, in convenient form and open to public inspection, all applications for registration and copies of registrations issued and the names of all contractors or subcontractors whose registration has been revoked, suspended or surrendered. (b) All building permits shall clearly state that persons contracting with unregistered contractors do not have access to the guaranty fund under this chapter. (c) Every contract, building permit and advertisement shall display the contractor's or subcontractor's certificate of registration number. (d) Every registered contractor or subcontractor shall notify the director within thirty days of any change of trade name or address. (e) Upon the expiration, termination or voluntary surrender of a registration, the registrant shall deliver the registration to the director who shall cancel the registration and endorse the date of expiration, termination or surrender. (f) If a certificate of registration is lost, misplaced or destroyed, the registrant shall file an affidavit to that effect and the director for a nominal fee, shall issue a replacement registration, clearly identified as such, both on the certificate of registration and in the records of the director.

M.G.L. c. 142A, § 14 Exemption from registration

c. 142A, § 14. Exemption from registration Section 14. The following persons are not required to be registered under this chapter: the commonwealth or any of its political subdivisions; any school, public or private, offering as part of a vocational education program courses and training in any aspects of home construction or home improvements; electricians, plumbers, architects or any other persons who are required by law to attain standards of competency or experience as a prerequisite to licensure for and engaging in such profession and who are acting exclusively within the scope of the profession for which they are currently licensed pursuant to such other law, construction supervisors excepted; persons dealing in the sale of goods or materials who neither arrange to perform nor perform directly or indirectly any work or labor in connection with the installation of or application of the goods or materials; persons building their own home or personally doing the renovations; any individual who performs labor or services for a contractor or subcontractor, for wages or salary and who does not act in the capacity of a contractor; any contractor or subcontractor who works on one undertaking or project by one or more contracts where the aggregate contract price is less than five hundred dollars; provided, however, that the contract is not in an amount of less than five hundred dollars for the purpose of evading this chapter; any person who engages in the business of a contractor or subcontractor on other than a full-time basis, and who has earned in gross revenues, as a contractor or subcontractor, less than five thousand dollars in the previous twelve-month period; any person acting as a contractor or subcontractor who was enrolled as a full-time student in a secondary school or college with degree granting authority from the government of the state in which the school is located, for the immediately preceding academic semester and is also enrolled as a full-time student for the next academic semester, in the same or a similar degree granting secondary school or college provided that at least two-thirds of the number of the employees of the contractor or subcontractor are similarly enrolled in secondary schools or colleges and that the contractor or subcontractor does not reasonably expect to earn or does not in fact earn, in gross revenues, more than five thousand dollars; persons who install central heating, air-conditioning systems, energy-conservation devices, or provide conservation services conducted by or on behalf of a public utility under a program approved by the department of public utilities; any contractor or subcontractor who works exclusively in any of the following home improvement areas: landscaping; interior painting or wall covering; or finished floor covering, including but not limited to carpeting, vinyl floor covering, tile; or fencing or freestanding masonry walls; or above-ground swimming pools; or shutter or awning installation; or ground level patios; or asphalt and driveway installation and maintenance.

M.G.L. c. 142A, § 16 Promulgation of rules and regulations by director

c. 142A, § 16. Promulgation of rules and regulations by director Section 16. The director shall be responsible for the implementation of the provisions of this chapter and the promulgation of such rules and regulations as he shall deem necessary to implement the provisions of this chapter. Prior to the adoption, amendment or repeal of any regulation, the director shall give notice and hold a public hearing in accordance with the requirements of chapter thirty A.

M.G.L. c. 142A, § 17 Contractors or subcontractors; prohibited acts; violations

c. 142A, § 17. Contractors or subcontractors; prohibited acts; violations Section 17. The following acts are prohibited by contractors or subcontractors: (1) operating without a certificate of registration issued by the director; (2) abandoning or failing to perform, without justification, any contract or project engaged in or undertaken by a registered contractor or subcontractor, or deviating from or disregarding plans or specifications in any material respect without the consent of the owner; (3) failing to credit to the owner any payment they have made to the contractor or his salesperson in connection with a residential contracting transaction; (4) making any material misrepresentation in the procurement of a contract or making any false promise of a character likely to influence, persuade or induce the procurement of a contract; (5) knowingly contracting beyond the scope of the registration as a contractor or subcontractor; (6) acting directly, regardless of the receipt or the expectation of receipt of compensation or gain from the mortgage lender, in connection with a residential contracting transaction by preparing, offering or negotiating or attempting to or agreeing to prepare, arrange, offer or negotiate a mortgage loan on behalf of a mortgage lender; (7) acting as a mortgage broker or agent for any mortgage lender; (8) publishing, directly or indirectly, any advertisement relating to home construction or home improvements which does not contain the contractor's or subcontractor's certificate of registration number or which does contain an assertion, representation or statement of fact which is false, deceptive, or misleading; (9) advertising in any manner that a registrant is registered under this chapter unless the advertisement includes an accurate reference to the contractor's or subcontractor's certificate of registration; (10) violation of the building laws of the commonwealth or of any political subdivision thereof; (11) misrepresenting a material fact by an applicant in obtaining a certificate of registration; (12) failing to notify the director of any change of trade name or address as required by section thirteen; (13) conducting a residential contracting business in any name other than the one in which the contractor or subcontractor is registered; (14) failing to pay for materials or services rendered in connection with his operating as a contractor or subcontractor where he has received sufficient funds as payment for the particular construction work, project or operation for which the services or materials were rendered or purchased; (15) failing to comply with any order, demand or requirement lawfully made by the administrator or fund administrator under and within the authority of this chapter; (16) demanding or receiving payment in violation of clause (6) of paragraph (a) of section two; (17) engaging in gross fraud or cheat pursuant to section 76 of chapter 266; (18) having a license, certificate, registration or authority issued by another state or territory of the United States, the District of Columbia or a foreign state or nation with authority to issue such a license, certificate, registration or authority revoked, cancelled, suspended, not renewed or otherwise acted against, or if the holder has been disciplined, if the basis for the action would constitute a basis for disciplinary action in the commonwealth; (19) failing to repay the fund in full, including the appropriate amount of annual interest, for any amount paid from the fund because of the contractor's or subcontractor's conduct; or (20) violating any other provision of this chapter. Violations of this section shall subject the violator to the administrative sanctions of section eighteen and to criminal prosecution as prescribed in section nineteen. Violations of any of the provisions of this chapter shall constitute an unfair or deceptive act under the provisions of chapter ninety-three A. For purposes of this section, the conduct of a contractor or subcontractor shall be deemed to include the conduct of their agents, employees, salespersons or subcontractors, whether or not an express relationship exists, if the work or activities is within the scope of the contract and not for additional work beyond the contract undertaken by separate agreement with the owner.

M.G.L. c. 142A, § 18 Administrative penalties for violations of chapter provisions

c. 142A, § 18. Administrative penalties for violations of chapter provisions Section 18. If the director determines that any registrant is liable for a violation of any of the provisions of this chapter, the director may suspend the registrant's certificate of registration for such period of time as shall be determined by the director, revoke the registrant's certificate of registration, or reprimand the registrant. The director may also enter into a consent agreement with a registrant to impose 1 or more administrative penalties, including, but not limited to, voluntary revocation of the registration. The director may assess an administrative penalty not to exceed two thousand dollars, payable within thirty days of his order, for each violation of any provision of this chapter committed by contractors or subcontractors who are registered or who are required to be registered under this chapter. This penalty shall be deposited in the fund. In determining whether to impose an administrative penalty, the director shall consider the seriousness of the violation, the deleterious effect of the violation on the complainant, any good faith on the part of the contractor or subcontractor, and the contractor's or subcontractor's history of previous violations.

M.G.L. c. 142A, § 19 Fines and imprisonment

c. 142A, § 19. Fines and imprisonment Section 19. Any contractor or subcontractor who shall knowingly, willfully, or negligently operate without obtaining a certificate of registration as required by this chapter and who is not otherwise exempt from the registration requirement or any contractor or subcontractor who continues to operate after revocation of or during suspension of, or who fails to renew his certificate of registration, shall be punished by a fine not exceeding five thousand dollars or imprisonment not exceeding two years, or both. Any person who knowingly and willfully violates any of the provisions of this chapter, with respect to which a greater penalty is not otherwise provided by the provisions of this chapter or by any other law may be punished by a fine of not more than two thousand dollars or by imprisonment for not more than one year or both. Such fines and imprisonment shall be in addition to any administrative penalty otherwise applicable thereto and may be sought in an action brought by the attorney general or the district attorney.

M.G.L. c. 142A, § 20 Continuing violations; injunctions; restitution

c. 142A, § 20. Continuing violations; injunctions; restitution Section 20. If the director concludes that the continuing conduct of any person alleged to be in violation of this chapter may result in substantial or irreparable harm to any citizen of the commonwealth, he may seek: (a) A permanent or temporary injunction with respect to the conduct from the superior court of any county in which the alleged violation is occurring, or in which the violator has its principal place of business; or (b) Restitution or an order requiring satisfactory completion of the contractor's contract. (c) The director shall not be required to file a bond or to show a lack of an adequate remedy at law when seeking an injunction under this section against any person, association, partnership, or corporation not registered under this chapter.

M.G.L. c. 142A, § 21 Construction of chapter; state liability

c. 142A, § 21. Construction of chapter; state liability Section 21. This chapter shall not be construed to relieve or lessen the responsibility of any person registered under this chapter or licensed under section ninety-four of chapter one hundred and forty-three, nor shall the commonwealth be deemed to have assumed any such liability by reason of the issuance of registration or licensure.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter142AFetched: 10/20/2026