Construction Law For Dummies In Massachusetts
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In Massachusetts under MGL c. 149, § 148B, workers are presumed to be employees. An employer who wants to treat someone as an independent contractor has to show that the work: Is done without the employer's direction and control. Is performed outside the usual course of the employers business.
Creditors know that putting a lien on your property is a cheap and almost guaranteed way of collecting the debt they're owed. In some states, contractors and subcontractors must notify the property owner before filing a lien, but in other states property liens can be filed without any notice to the owner.
Claims for negligence are subject to a three-year limitations period, and also subject to the discovery rule. But – as in a number of states – Massachusetts has a statute of repose, which cuts off claims for negligence, concerning design or construction projects, six years after substantial completion of the project.
For smaller projects, the savings may be minimal, while for larger projects, the savings could be substantial. In summary, while you can potentially save thousands of dollars by being your own general contractor, the actual amount will depend on your specific situation, skills, and the project at hand.
A homeowner may apply for their own permit and act as a general contractor. By doing so, they would be taking on any and all responsibility for code and zoning compliance. Also, anyone who performs work on an owner occupied one-to-four-family home must possess a Home Improvement Contractor's Registration (HIC).
The lien claimant that does not have a contract with the property owner is required to send the notice to the property owner via certified mail. The notice of identification should be provided to the general contractor as well as the owner also via certified mail. Both mails should be return receipt requested.
A homeowner may apply for their own permit and act as a general contractor. By doing so, they would be taking on any and all responsibility for code and zoning compliance. Also, anyone who performs work on an owner occupied one-to-four-family home must possess a Home Improvement Contractor's Registration (HIC).
How to start a contracting business in Massachusetts Choosing a business structure (Corporation, sole proprietor, LLC) Filing for a “Doing Business As” (DBA) Certificate. Registering your business with the state. Obtaining a Tax ID and learning about tax rules.
The State Building Code allows for a fine of up to $1000 per day. If work requiring inspections is covered, it will be required to be uncovered for inspection, and if any work is in violation of the building code or zoning ordinance, it will be required to be corrected.
