I recently hired a contractor to repair some house damages caused by a snowstorm: the damage of an awning (detaching, repairing and re-attaching the awning to the front of my house), repairing some damages on the wall on the left of my front door, replacing a damaged storm door, repairing and painting the handrails in front of my house, painting the front wall (both sides of the front door), painting the awning, and painting some barge board where the awning is attached to. The contractor doesn't want to offer a warranty for his repairing jobs. I told the contractor I will not pay his 50% remaining balance if he doesn't provide a warranty to this repair job. Is it legal to do so in MA? In MA, is it mandatory for contractors to provide warranty for the home repair jobs they provide? If it is mandatory, what is the minimum length and maximum length of the warranty period and how is the warranty's length determined? I have asked the contractor to provide a statement about his warranty for this repair jobs and both parties could sign this on this document. Is it a legal and reasonable request?
There are a variety of rules and regulations that govern home improvement contractors in MA. However, there is no mandatory warranty. Even without a warranty per se, a contractor is responsible for performing all work in a "workmanlike manner." It is perfectly reasonable to request a warranty, but not legal to demand one. In addition, things like warranties generally must be negotiated BEFORE a contract is signed. It is not legal to withhold payment to force a chance to the contract after it has been signed. However, if yoru contractor's agreement with you violates other regulations you may be able to void it. You can see more info here: https://www.mass.gov/info-details/massachusetts-law-about-home-improvement or you can hire a lawyuer to review the contract and give advice specific to your situation.
I am a Massachusetts attorney and answer questions based on Massachusetts law. The above answer is for educational purposes only and does not create an attorney client relationship or constitute legal advice.
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