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Andrea Jill Goldman

Andrea Goldman’s Answers

16 total


  • Commercial Lease and Security Deposit Return

    I am trying to find out what the laws are pertaining to the return of a security deposit on a commercial lease. Our lease ended and our business vacated on August 31st. It is now October 6th and we have yet to receive the return of our deposit. ...

    Andrea’s Answer

    Keep in mind that the small claims limit in MA is $7000.00, so you can probably just sew the landlord on your own and avoid hiring a lawyer.

    Sincerely,

    Andrea

    Goldman Law Group
    60 Austin Street, Suite 210
    Newton, MA 02460
    T: 617-953-3760
    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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  • My grandparents house insurance company hired someone to do repairs on there house. The guys got paid half for the job already.

    They haven't shown back up to finish the work on the house. My grandparents are in there 80s and need there house back fully repair. Should they hire a lawyer and figure out a legal way to solve there problem?

    Andrea’s Answer

    It depends. When you say haven't shown up, the question is, since when? It is always cheaper to have the same person come back to finish the job. The first step is to try to get in touch with the contractor. If that doesn't work, get quotes for what it will cost to finish the job. If the contractor required half as a deposit, that is a violation for M.G.L. c. 142A unless he was ordering custom materials.

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  • Contractor demanding payment - no permit

    My roofer has completed work to my satisfaction per contract. He has not provided me permits. Apparently, we have an unpaid water bill (significant $$ that we don't have) and the town has refused to issue a permit. My perspective is that the roofe...

    Andrea’s Answer

    The roofer should have obtained a permit, but that does not mean that he is not entitled to the value of the service he provided. The judge can rule in favor of the roofer even though he violated 142A. In addition, you may have "unclean hands" because you haven't paid your water bill. You should try to work it out with the roofer.

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  • Is there recourse agains a builder that fails to meet the committments outlined in a contract?

    Contract states "Completion date to be within six months of the owner's purchase of the lot with a 60 day extension if needed". The lot was purchased in Feb of 2015 and the house is no where near completion at this point (framing and roof complet...

    Andrea’s Answer

    The first step would be to review the contract, but I am assuming NH law applies. I can get you the name of a NH construction lawyer Many builders were delayed due to the harsh winter. It depends whether NH allows for consequential damages (such as rent, etc.).

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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

    See question 
  • 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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