Hiring a contractor to work on your home or property is a significant investment – and speaking, unfortunately, from personal experience – not every contractor plays by the rules. Whether you are dealing with shoddy workmanship, unexplained cost overruns, or a contractor who simply stopped showing up, Maine law gives you rights and protections. In this article, we will explore some of the protections offered in the Maine Home Construction Contracts Act.
What is the Maine Home Construction Contracts Act?
This Act requires certain minimum protections for homeowners who enter home construction contracts to renovate, repair, or build on their property. One such requirement is that if the contract exceeds $3,000 then it must be in writing and signed by both the homeowner and contractor. Some additional requirements are that the contract must:
• Include the location of the work, as well as the name, address, and contact information of the contractor and the homeowner;
• Clearly explain the scope of work, the estimated start date and estimated date of substantial completion, the total cost, and the payment method;
• Include a warranty statement attesting that the work will be free from faulty materials, performed to code, and completed in a skillful workmanlike manner;
• Include a dispute resolution provision;
• Include a change order provision requiring all changes be made in writing and signed by the parties;
• Include consumer protection information readily available on the Maine Attorney General’s website, as well as the Maine Attorney General’s website address, and a statement directing consumers to visit the website to learn more about their rights.
If your contractor failed to follow these requirements – or misled you, took payment and didn’t perform, or delivered substandard work – you may have a legal claim.
How Can You Protect Yourself?
Here are a few simple steps to take before and during a construction project:
1. Always Get a Written Contract
Verbal agreements are risky. Maine law helps you, but only if there’s a paper trail.
2. Check Credentials
Ask for proof of insurance and check references. A good contractor won’t hesitate.
3. Don’t Be Afraid of Social Media or the Court of Public Opinion Here
Inquire with your local community groups to learn about their experiences with the prospective contractor or company – do your research!
4. Be Cautious with Large Deposits
Avoid paying more than 1/3 up front unless materials require it, but get receipts!
5. Keep Records
Take photos, keep copies of texts/emails, and document progress and problems.
6. Act Promptly
If something feels off, consult with an attorney before it escalates – time is critical.
When to Talk to a Lawyer?
If you have already been taken advantage of, you may be entitled to compensation, including damages, contract cancellation, and possibly attorneys’ fees under Maine’s consumer protection laws.
Our firm regularly represents homeowners throughout Maine, New Hampshire, and Massachusetts who have been left in the lurch by dishonest or negligent contractors. If you are unsure what your next step should be, we are here to help. Please contact us today at (207) 985-1815 to schedule a consultation.