Construction subcontractors in Massachusetts can face a variety of legal issues. Many of them can expose subcontractors to a substantial amount of legal liability.
The construction lawyers at the Katz Law Group have represented subcontractors across central Massachusetts for nearly four decades. Their legal guidance has helped subcontractors comply with the law, avoid serious disputes, and protect their interests if things go wrong.
A Subcontractor's Compliance Needs
Massachusetts has numerous laws that touch on the construction industry. Subcontractors have to make sure that they are in compliance with all of them. If you are not, you can face an investigation or allegations of wrongdoing. You can be made to pay fines or face additional obstacles that make completing a project more difficult.
Just a few of the numerous compliance requirements that subcontractors face in Massachusetts are:
- Zoning laws
- The Home Improvement Contractor Statute
- Building codes
- Employment laws, if the subcontractor has employees
If you do not stay on the right side of these rules, it can hurt your business reputation and set your work back. This can make it more difficult to get new construction contracts.
Disputes with the General Contractor are Common
When subcontractors agree to do work for a general contractor, their agreement will form a contract. This is the case even if it was a verbal or oral agreement.
This contract gives subcontractors certain rights, including the right to the agreed-upon payment. It also comes with obligations, like:
- Providing the agreed-upon goods or services
- Abiding by a set deadline
- Using specific or industry-standard methods or materials
- Complying with building codes
- Carrying insurance
There will also be other provisions that cover certain common disputes, such as:
Even if the agreement does not specifically cover an issue, Massachusetts law or the conduct of the parties to the contract will likely provide an answer.
Breaking the agreement amounts to a breach of contract. Subcontractors typically claim that there has been a breach if they are not getting paid. General contractors allege a breach of contract if the subcontractor has not done something that they agreed to do. For example, they may claim that the subcontractor's shoddy work was responsible for construction defects, or that the subcontractor is so behind on their work that it amounts to a contractor default.
Allegations that you have breached the contract are serious. While subcontractors can raise legal defenses, like that performing under the contract had become impossible or impractical, you need to take the correct approach to protect yourself from liability while also preserving your business reputation.
If your general contractor is not paying you, that is also serious. However, you have rights under the contract. Invoking them and collecting what you are owed can take the help of a Massachusetts construction lawyer.
The Katz Law Group: Construction Lawyers in Central Massachusetts
Whether you have not been paid, are being accused of breach of contract, or want to make sure you are complying with Massachusetts' complicated construction laws, the construction attorneys at the Katz Law Group can help.
Contact them online or call their law office at (508) 480-8202 for help anywhere in central Massachusetts.
