How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Tina Your Own Question

Tina
Tina, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33150
Experience:  17 years legal experience including consumer protection law.
4460311
Type Your Consumer Protection Law Question Here...
Tina is online now
A new question is answered every 9 seconds

I bought a first floor condo unit in a 2-family house. Noise was a known issue before the

Resolved Question:

I bought a first floor condo unit in a 2-family house. Noise was a known issue before the house was renovated, and I contracted with the developer to insulate the ceiling (contract called for "dense wool insulation, and covered by a layer of fiberboard and one of sheetrock. The developer, instead, put in foam insulation and one layer of sheetrock. The noise between units is very prominent and unbearable at times. The foam seems to exacerbate the problem. Do I have legal recourse under 93A?
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Tina replied 2 years ago.

Hello and welcome.

I am sorry to hear of your difficult situation. My goal is to provide you with excellent service. First, I have some questions for you so I can determine what information to provide you.


Do you know why the contractor did not utilize the materials called for under the contract? Do you know how much it will cost to install the proper materials?

Customer: replied 2 years ago.

I believe the contractor may have told him the spray foam was a "better" way to insulate. But they did not consult me about this, nor did the developer amend the contract. (He just did the work differently than what we agreed to.)


 


We have an estimate that calls for ripping out my ceilings, putting in the wool insulation over the foam, then installing new ceilings on noise-isolating clips. This will all cost around $21-23K.

Expert:  Tina replied 2 years ago.
Hello again, Andrea.

This would typically involve a breach of contract for which you could pursue damages against the contract since they deviated from the agreement you entered into. It would not likely constitute a deceptive trade practice under Chapter 93A though unless there was an intent to deceive you. If the contractor was mistaken that the foam would be better than the materials agreed, that would not normally involve a violation of Chapter 93A although there would be a breach of contract claim involved since they did not use the materials agreed to.

You would normally be entitled to the reasonable cost to install the materials you had originally agreed to. If the contractor will not agree to a settlement of your claim, then a complaint could be filed with the BBB or the local or state consumer protection agency.

Here is a link that provides guidance on pursuing a complaint against a contract with the local or state consumer protection agency:

http://www.mass.gov/ocabr/consumer/home-improvement-contract/consumer-guide-to-home-improvement-contractor.html

I hope this helps clarify the situation for you.

It has been my pleasure to assist you. Kindly remember to rate my answer when our communication is completed so I will be compensated for my time in providing you with the information you requested. If you feel the need to provide a low rating, please stop and reply to me via the REPLY or CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction. Please also remember that I cannot control whether the law is favorable to you or not, so please don’t shoot the messenger. Thank you and all the best to you in 2013.

Tina

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:

http://www.justanswer.com/law/expert-tina/

Customer: replied 2 years ago.

The web site you referred me to specifically talks about Contractors. Does this also apply to a developer, ie, the person who hired the contractor? It seems that if my developer was mislead by the his contractor to put in the wrong material, then he may himself have a claim against the contractor.

Customer: replied 2 years ago.

Also, you state that I would normally be entitled to "...the reasonable cost to install the materials you had originally agreed to."


 


Does this mean the cost of doing the work when the ceilings were already ripped out, or the cost of now remediating because he did it wrong the first time? (It costs more to do the work now than it would have if he had done it correctly in the first place.)

Expert:  Tina replied 2 years ago.
Hello again, Andrea.

Yes, the contractor could have a claim against the developer for damages if the developer intentionally misled him. The damages you would normally be entitled to include the cost of remediation, even if it cost more than originally agreed because the ceilings need to be ripped out again. The contractor could seek indemnification of your damages against the developer though if the developer misled him as you seem to believe is what occurred.

I hope this helps clarify the situation for you.

It has been my pleasure to assist you. Kindly remember to rate my answer when our communication is completed so I will be compensated for my time in providing you with the information you requested. If you feel the need to provide a low rating, please stop and reply to me via the REPLY or CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction. Please also remember that I cannot control whether the law is favorable to you or not, so please don’t shoot the messenger. Thank you and all the best to you in 2013.

Tina

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:

http://www.justanswer.com/law/expert-tina/

Tina, Lawyer
Satisfied Customers: 33150
Experience: 17 years legal experience including consumer protection law.
Tina and 4 other Consumer Protection Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you very much for your help. We will set up a meeting with the developer to discuss the situation. Hopefully he will respond in our favor.


 

Expert:  Tina replied 2 years ago.
You are very welcome, Andrea. Thank you much for the positive rating. I sure hope you are able to resolve this promptly with the developer and contractor. Good luck to you.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Previous | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Infolawyer

    Lawyer

    Satisfied Customers:

    6112
    Licensed attorney helping individuals and businesses.
< Last | Next >
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    6112
    Licensed attorney helping individuals and businesses.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    3033
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    1583
    17 years legal experience including consumer protection law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    1277
    Attorney with 15 years experience in various consumer protection areas
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    911
    16+ yrs. of legal experience.
  • http://ww2.justanswer.com/uploads/JU/justiceb4all/2012-5-8_62041_JPEGPHOTO001.64x64.jpg Andrea, Esq.'s Avatar

    Andrea, Esq.

    Lawyer

    Satisfied Customers:

    804
    25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
  • http://ww2.justanswer.com/uploads/FL/floridagirl11/2011-10-13_34349_lawyerprofessional.64x64.jpg LADY LAWYER's Avatar

    LADY LAWYER

    Lawyer

    Satisfied Customers:

    748
    Consumer Lawyer