Construction Claim Awarded Triple Damages
Owner Who Settled With General Contractor’s Subcontractors Directly Violated 93A, The Consumer Protection Statute
Carlo Cellai, Esq. tried this construction case to a Judge in the Boston Municipal Court. In the case, the owner sought to undermine the general contractors case and damages by settling the outstanding subcontractor bills for a discount. Attorney Cellai took the position, on behalf of the client, that the owner, by settling with the subcontractors directly at a discount, was an unfair and deceptive practice in violation of the consumer protection laws.
The conduct of the owner undermined and damaged the relationship between the general contractor and its subcontractors. As a result, the Judge agreed with the position of Attorney Cellai that the interference by the owner in the general contractor-subcontractor relationship was unfair and deceptive so as to violation Massachusetts General Laws chapter 93A, the consumer protection statute. As a result of the interference, the Judge tripled the damages caused by the owner in the damage award and added attorney fees to the Judgment.
Frequently when your debtor files for bankruptcy, they seek to avoid the Judgement that you have on their house through the Bankruptcy Court procedure because it impairs their homestead exemption. While the homestead exemption in Massachusetts might be very high, in the current real estate market, there is frequently more equity than a debtor will admit to the Bankruptcy Court in their bankruptcy petition.
Cellai Law Offices, P.C. has been successful in challenging bankrupt debtor’s valuation of their homes in defense of a judicial lien surviving bankruptcy. Depending upon your judicial lien debtor’s house, location and condition, you could come out of an account debtor’s bankrupt where you have a judicial lien on debtor’s house with your pre-existing secured judicial lien wholly or partially intact.
If you think that the value of your account debtor’s house exceeds the value of the homestead and superior secured liens, you could quite possible come out the other side of a debtor’s bankruptcy with a surviving valid lien.
Cellai Succeeds in Pursuing Assets
Cellai Law Offices, P.C. has had great success in pursuing transferors and transferees of assets.
Cellai Law Offices, P.C. pursued a father and daughter in a fraudulent conveyance action the father and daughter sought to transfer the house between themselves for the daughter merely paying on the outstanding mortgage in the father’s name.
The court rejected the father/daughter transfer because the transfer amounted to a transfer of an asset for half the actual value.
The Court entered Judgement against both the father and the daughter in the full amount of the debt, plus interest, costs and attorney fees.
You Get Immediate Action
Why Cellai Law Offices, P.C. over a collection agency? Because we are the source that the collection agencies go to when they cannot collect a debt through letters and telephone calls!. When you place a debt with Cellai Law Offices, P.C. you receive immediate action on your placements, including seeking bank account attachments and real estate liens.
When you hire a collection agency, they can only send letters and make telephone calls to your account debtor. Ultimately, a collection agency will need to turn the matter over to a lawyer to sue.
By the time a collection agency turns the matter over to a lawyer to sue, the assets, bank account and real estate are usually long gone. Placing your commercial collection matters with Cellai Law Offices, P.C. creates a no lag policy to any available assets of the debtor and insures immediate action on your debt