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Andrea Jill Goldman
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Andrea Goldman’s Answers

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  • What kind of attorney provides advice about construction on a lot next to mine with potential to cause water problems?

    I'd like to know what type of attorney provides guidance on concerns with the water flow etc. resulting from new construction. I want to ensure the builder is taking all the necessary steps to control the water as well as the options available t...

    Andrea’s Answer

    I would check in with the town building inspector and make sure proper permits have been pulled. In addition, you might contact the owner of the property and make sure they have insurance in place. Liability insurance usually covers damage to neighbors' property. If the plans are on file with the town, you could also have an engineer review the plans as others have mentioned.

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  • I hired a contractor to do work on my house from an insurance loss. He agreed to do the work for $100k I paid him upfront $90k

    He found out my policy limit is $350 & wants to do change orders to reflect a $350k job. I am a senior citizen where he wants me to sign additional change orders. I refused to sign them & he stopped doing the work about 3 months ago. . He makes up...

    Andrea’s Answer

    There are many laws to protect you. the contractor was not legally allowed to ask for more than 1/3 unless he was ordering custom materials. You are protected by both the Home Improvement Contractor Statute and the Consumer Protection Statute. Residential and Commercial Construction are the major focus of my practice. Give me a call and my associate or I will walk you through what to do and how to rectify the situation.

    Andrea Goldman

    Goldman Law Group
    64 Waverley Avenue
    Newton, MA 02458
    T: 617-564-1674
    F: 617-321-4191

    www.GoldmanLG.com

    “Massachusetts Builders Blog” www.buildingconfidence-llc.blogspot.com
    "Home Contractor vs. Homeowner Blog" www.andreagoldmanlaw.blogspot.com

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  • Do I have any recourse with respect to a general contractor who continues to blow through deadlines on a home renovation?

    - We've gone through 4 deadlines (all verbal, no dates were written into contract). - Contract specifies that "All work to be completed in a workmanlike manner according to standard practices" Thank you in advance for any insights.

    Andrea’s Answer

    You may have recourse against the contractor if the failure to meet deadlines is extreme and it is highly unlikely that the contractor will complete the project by the end date. Massachusetts has a strict home improvement contractor law, M.G.L. c. 142A, that requires a start date and end date in all contracts. The issue is a matter of degree. One way to ensure that the project finishes on time is by negotiating a written amendment to the contract so the deadlines are now clear and verifiable. If the contractor breaches, you may then be able to terminate the contract. In any event, feel free to call me.

    Andrea Goldman

    Goldman Law Group
    64 Waverley Avenue
    Newton, MA 02458
    T: 617-564-1674
    F: 617-321-4191

    www.GoldmanLG.com

    “Massachusetts Builders Blog” www.buildingconfidence-llc.blogspot.com
    "Home Contractor vs. Homeowner Blog" www.andreagoldmanlaw.blogspot.com

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  • Is a contractor liable for paying back money for a job that they walked away from that also had to be fixed at my expense?

    Stamped concrete contractor took 30% up front, and delivered a horrible job. uneven, color did not take, and stamps did not take. Incorrect elevations caused water to drain towards my house and pool up against the foundation. The contractor state...

    Andrea’s Answer

    Construction issue are governed by your state's law, but generally, you are supposed to get a job that is done in a workmanlike manner for the contract price. If you pay more than the contract price to repair and complete the scope of work, then the difference between the price paid and the contract price is your damages. Before you sue, check if your state has laws covering work done by landscapers (MA has a home improvement contractor law, but landscaping is not included). Also check to see if there is a consumer protection statute. All of my cases start with a demand letter in order to comply with MA law. I wouldn't pay a lawyer to sue unless I knew that the contractor would be able to pay a judgment.

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  • Has Hertz violated the contract

    We travelled to Boston in 2015 spring. We pre-paid and ordered a car from www.hertz.com for 01/06/2015 to 09/06/2015. however, when we showed up at the hertz desk in Boston Logan airport, they refused to give us the car, because of their s...

    Andrea’s Answer

    In any event, you can send Hertz a c. 93A demand letter claiming that the company committed an unfair and deceptive practice. They would then get 30 days to make a reasonable offer of settlement. It probably isn't worth it to pay an attorney to do this, but you can then file in small claims court once the thirty days have passed.

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  • Medial malpractice. I signed an arbitration agreement. How can I get that document nullified to take my case to trial court?

    The document was voluntary for me to sign. It was not clear to me at the time what I was signing. The document was given to me to sign among several other documents within my admission paperwork. What can I do to help ensure that a judge throws ou...

    Andrea’s Answer

    Arbitration agreements are pretty strictly enforced in MA. However, since we have the medical malpractice tribunal, the process might be somewhat different.

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  • We got building permit from city, almost completely constructed our house, now city says we have to change our bldg??

    We are constructing a new house, we had architect design it, went thru 6 month process of obtaining all approvals from Inspectional services (building, plumbing, gas, electrical etc etc), finally got the Building permit. We have already built most...

    Andrea’s Answer

    Suing the city is not really an option. Inspectors have wide latitude to find items in violation; even when they're already been approved. I would have an electrician come in and design a plan to bring the property into compliance. This is the path of least resistance and probably the best alternative. Feel free to give me a call tomorrow and I will give you some names. 617-953-3760

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  • My Company established in Florida was sue by a distributor in Massachusetts for unpaid invoice.

    We negotiated with an agent of a winery in Italy to buy their product in Florida, his agent offer to send some inventory to us from Massachusetts to accelerate process of selling products in FL. The negotiation was done in FL and products where sh...

    Andrea’s Answer

    As my other colleagues said, you do have to respond to the lawsuit, or you will be defaulted and the company may obtain a judgment against you. If you are not incorporated, you may not want to respond if you have a homestead on your home and have no other assets, but I would suggest you speak to an attorney before making that decision.

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  • Kitchen cabinet fell off wall

    House was built in 2007. Cabinet fell off wall last night breaking hundreds of dollars worth of dishes along with ruining 2 counter tops, base cabinets and island and taking a chunk out of the vinyl floor. The back of the cabinet is still attach...

    Andrea’s Answer

    Your question is actually difficult to answer because the answer is very state-specific. When were the cabinets installed? Was it at the time the house was built? Who installed them? The builder? Were they there when you bought your house? In MA, there is a Home Improvement Contractor Statute that might apply to this situation. Call your local consumer affairs office and look at your state's website to see if they have any regulations regarding home improvement. For new construction we have an implied warranty that would only last for a year, but if the cabinets were installed incorrectly, you may have a claim for negligence against the builder. If you tell me what state you are in, I can find you a lawyer who you can consult. You can look at my blog to get some more ideas.

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  • Can I bring a small claims suit against two people that are refusing to pay their share of a limo ride under CA civil procedure

    I shared a limo with 2 people for an evening out. I do not know them very well. I did not book the limo service. I put my credit card down as a deposit when I entered the limo; I signed a blank credit card slip. I assumed the two other people had...

    Andrea’s Answer

    It sounds as though you did not have an enforceable agreement, because you did not have a "meeting of the minds." I would ask the limo company if they have the slips from the other parties. If they don't even have those, I would probably give up my claim. For the small fee of filing in small claims court, it might be worth it to get them all in a room with you to try to work things out.

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