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  1. #1
    Join Date
    Jun 2011
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    6

    Default Re: Who is Responsible when a Hazard is Created

    Did a little research and answered my own question. Sorry, jk, but you were wrong on this one...

    MGL Chapter 142A, Section 17 states: "The following acts are prohibited by contractors or subcontractors: violation of the building laws of the commonwealth or of any political subdivision thereof" and "Violations of any of the provisions of this chapter shall constitute an unfair and deceptive act under the provisions of Chapter 93A" (Chapter 93A being Massachusetts' Consumer Protection Act, which provides relief and/or treble damages for such acts).

    According to Mass building code, specifically the Board of Fire Prevention Regulations 527 CMR, Section 10.03.13, "The means of egress from each part of the building, including stairways, egress doors... shall at all times be maintained in a safe condition and shall be available for immediate use and free of all obstructions." Further, "All exterior stairways and fire escapes shall be kept free of snow and ice"

    So it seems pretty clear that the contractor should have been put on notice of 93A by the property manager, with a demand for relief by means of clearing the obstruction from the egress doors. Rather, management took the situation as an opportunity to gouge the association of several thousand dollars by clearing the decks themselves and billing us internally.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Who is Responsible when a Hazard is Created

    you go ahead and chase them for the money they illegally took from you then and let me know how that turns out but while you are off chasing rainbows:


    So it seems pretty clear that the contractor should have been put on notice of 93A by the property manager, with a demand for relief by means of clearing the obstruction from the egress doors.
    It doesn't make any difference if the contractor or the management remedied the situation.

    Ya see, even if your argument is correct, it still does not mean it would get done for free. Whoever performed the service is due payment for those services so in the end, you would have paid for it regardless of who did it. Why you believe there should be no charge for the work is beyond me. If the management demanded the snow removal contractor clear the decks, (with the assumption the directive previously was to dump the snow anywhere), the contractor would have every right to demand payment for the additional work.

    The only argument you would have to dispute the money you were charged would be if the management claims the snow removal contractor did not fulfill his contract and the hiring entity is due a partial refund to cover the services that had to be hired out to complete. If that is the case, chase after the management group since that is who the bad guy is in this situation.

    So no, I am not wrong in this one...

    you don't get work done for free and that is what I have maintained throughout this thread.

  3. #3
    Join Date
    Jun 2011
    Posts
    6

    Default Re: Who is Responsible when a Hazard is Created

    You're awfully upset about this. It's probably a good thing you're a professional forum poster and not a real attorney.

    Anyway, I didn't post to argue with you, just to inform anyone else who may be following this thread. They would be wise to heed the disclaimer in your signature.

  4. #4
    Join Date
    Sep 2005
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    Posts
    98,846

    Default Re: Who is Responsible when a Hazard is Created

    Nobody is upset here but, it would seem, you.
    Quote Quoting Grudo
    View Post
    MGL Chapter 142A, Section 17 states: "The following acts are prohibited by contractors or subcontractors: violation of the building laws of the commonwealth or of any political subdivision thereof" and "Violations of any of the provisions of this chapter shall constitute an unfair and deceptive act under the provisions of Chapter 93A" (Chapter 93A being Massachusetts' Consumer Protection Act, which provides relief and/or treble damages for such acts).
    You don't mention any violation of Chapter 142A. Also, this was not residential contracting ("the reconstruction, alteration, renovation, repair, modernization, conversion, improvement, removal, or demolition, or the construction of an addition to any pre-existing owner occupied building containing at least one but not more than four dwelling units"), it was snow removal.
    Quote Quoting Grudo
    According to Mass building code, specifically the Board of Fire Prevention Regulations 527 CMR, Section 10.03.13, "The means of egress from each part of the building, including stairways, egress doors... shall at all times be maintained in a safe condition and shall be available for immediate use and free of all obstructions." Further, "All exterior stairways and fire escapes shall be kept free of snow and ice"
    Which means, after the COA hired an agent to remove snow in a manner that created a temporary obstruction, it had a duty to remove the obstruction / ice / snow. Which it did. You don't get to hire somebody to do half of a job, then say "By following my instructions and completing the contract to the letter you created a hazard, so you have to do the rest for free."

    Your argument would be a bit like hiring a cement contractor to pour a foundation for a new home, then asking him why the electrical isn't up to code, and when the house will be finished so that you can move in. Yes, all of that must be done before you move in, but it's not that contractor's obligation to perform any of the additional services it would take to complete your home and get it up to code.

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