WEYMOUTH, MASS. (WHDH) - A Weymouth contractor is accused of getting paid for work he never completed. 7 Investigates found there are multiple complaints against the man and his company.
THE GALINAS
Jonathan Galina and his mother Barbara wanted to spruce up their Randolph home.
“We have about 3 cracks in the foundation that we wanted to get repaired,” says Jonathan.
They didn’t have to look far for a contractor; they found one already doing work in the neighborhood.
“Because everyone else was using it, we figured he was a good company,” says Jonathan.
The contractor, Celio Dos Santos of Boston Smart Builders, said he’d do the work for $5,500.
“I said, how much do you want for a down payment. He said $4,000 so I did,” says Barbara.
That was August 5th. Dos Santos cashed the check the next day. The Galinas say they haven’t seen him since.
“It’s just awful I mean,” says Barbara.
The Galinas claims Dos Santos set up two different dates to start the work but never showed up. They say when they tried to cancel the contract and get their money back, he stopped answering their calls.
“This is 4 grand and taking off. I think something needs to be done,” says Jonathan.
It turns out, the Galinas aren’t alone.
OTHER COMPLAINTS
The Massachusetts Attorney General’s Office has nine similar consumer complaints against Dos Santos and his company, Boston Smart Builders. He stands accused of taking more than $77,000 for jobs he didn’t complete.
We also found two civil lawsuits claiming he was paid for work that was never completed.
His rating with the Better Business Bureau: an F.
For more than two months, 7news tried to track down Dos Santos. After calling him several times, knocking on his door, and emailing him, he called us back.
Dos Santos refused to answer any of our questions.
He said a lawyer would be contacting all customers who complained but he would not tell us the name of that lawyer.
“There’s a lot of good contractors out there, but there’s a handful that sort of spoil it for the good ones,” says David Doddridge, a construction consultant.
He says any good contractor knows the law, The MA Home Improvement Contracting Act.
Massachusetts law requires a written contract for any job over $1,000. The Galinas say Dos Santos didn’t provide one.
A contractor also cannot ask a customer for a down payment of more than a third of the project’s cost, except for orders of custom-made materials.
“That’s a big no no. That’s a big red flag,” says Doddridge.
READ THE LAW HERE: https://www.mass.gov/info-details/massachusetts-law-about-home-improvement
CHECK REGISTRATION:
Doddridge says make sure your contractor is registered with the state. Registration is required if the work performed by the contractor is on an owner-occupied home with four or fewer units.
You can check a contractors’ registration here: https://bit.ly/35fHlck
Dos Santos lost his registration in October. The State’s Office of Consumer Affairs and Business Regulation cited his “egregious” actions and his failure to pay some fines, after a homeowner says he did not complete the work he was paid to do.
The Galinas are afraid they’ll never get their money back.
“Rotten,” says Barbara. “I mean to me that’s rotten.”
“I’m hoping the individual and contractor will do the right thing, as a businessman, a good human being and just return the money,” says Jonathan.
HOW TO FILE A CONTRACTOR COMPLAINT:
There are two places you go to file a complaint against a contractor.
The MA Office of Consumer Affairs and Business Regulation accepts all consumer complaints. However, consumers can only file for benefits from the Home Improvement Contractor Program if the contractor is registered, and if you’ve signed a contract. It’s an official process that involves a hearing.
Here’s more information: https://www.mass.gov/info-details/home-improvement-contractor-law-resources.
The Attorney General’s Office Consumer Advocacy and Response Division can provide assistance even if there’s no contract and even if the contractor is not registered.
The AG’s Office offers the following guidance to those who are considering hiring a home improvement contractor:
· The AG’s Office encourages consumers to do their due diligence before they enter into any agreements with home improvement contractors:
· Shop wisely. When selecting a contractor, make sure that the job is completed at a reasonable price and the work is conducted in a safe and responsible manner. Ask your friends and neighbors for recommendations about contractors they have used and trust. Always ask contractors for references.
· Research. Check to make sure your contractor is registered with the Massachusetts Office of Consumer Affairs and Business Regulation. This will allow you to check any complaint history. Some consumers also file complaints about home improvement contractors with the AG’s Office. The existence of a complaint does not necessarily mean that a particular contractor is not reputable.
· Solicitations. Be extra cautious if a contractor solicits business by the phone or by knocking on the door.
· Get it in writing. Make sure you obtain a written contract or price estimate that details the job that will be done. For more complex projects, ask for an itemized estimate.
· Permits. Your registered home improvement contractor should get any building permits required by your city or town. If you pull the permits yourself, you hurt your ability to recover if something goes wrong.
· Upfront fees. Be wary of contractors who demand the full price of the work up front. For most home improvement projects that exceed $1,000, consumers cannot be required to make a deposit of more than one-third of the project price in advance, except for orders of custom-made materials.
· Contact the AG’s Office’s consumer assistance hotline with questions 617-727-8400 or file a complaint online at [mass.gov/how-to/file-a-consumer-complaint]mass.gov/how-to/file-a-consumer-complaint.
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