Mass. Gen. Laws » Part I Title XX Chapter 142A
Massachusetts General Laws

Mass. Gen. Laws ch. 142A, § 17 (2026)

Contractors or subcontractors; prohibited acts; violations

✓ current as of July 2026
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Section 17. The following acts are prohibited by contractors or subcontractors:

(1) operating without a certificate of registration issued by the director;

(2) abandoning or failing to perform, without justification, any contract or project engaged in or undertaken by a registered contractor or subcontractor, or deviating from or disregarding plans or specifications in any material respect without the consent of the owner;

(3) failing to credit to the owner any payment they have made to the contractor or his salesperson in connection with a residential contracting transaction;

(4) making any material misrepresentation in the procurement of a contract or making any false promise of a character likely to influence, persuade or induce the procurement of a contract;

(5) knowingly contracting beyond the scope of the registration as a contractor or subcontractor;

(6) acting directly, regardless of the receipt or the expectation of receipt of compensation or gain from the mortgage lender, in connection with a residential contracting transaction by preparing, offering or negotiating or attempting to or agreeing to prepare, arrange, offer or negotiate a mortgage loan on behalf of a mortgage lender;

(7) acting as a mortgage broker or agent for any mortgage lender;

(8) publishing, directly or indirectly, any advertisement relating to home construction or home improvements which does not contain the contractor's or subcontractor's certificate of registration number or which does contain an assertion, representation or statement of fact which is false, deceptive, or misleading;

(9) advertising in any manner that a registrant is registered under this chapter unless the advertisement includes an accurate reference to the contractor's or subcontractor's certificate of registration;

(10) violation of the building laws of the commonwealth or of any political subdivision thereof;

(11) misrepresenting a material fact by an applicant in obtaining a certificate of registration;

(12) failing to notify the director of any change of trade name or address as required by section thirteen;

(13) conducting a residential contracting business in any name other than the one in which the contractor or subcontractor is registered;

(14) failing to pay for materials or services rendered in connection with his operating as a contractor or subcontractor where he has received sufficient funds as payment for the particular construction work, project or operation for which the services or materials were rendered or purchased;

(15) failing to comply with any order, demand or requirement lawfully made by the administrator or fund administrator under and within the authority of this chapter;

(16) demanding or receiving payment in violation of clause (6) of paragraph (a) of section two;

(17) engaging in gross fraud or cheat pursuant to section 76 of chapter 266;

(18) having a license, certificate, registration or authority issued by another state or territory of the United States, the District of Columbia or a foreign state or nation with authority to issue such a license, certificate, registration or authority revoked, cancelled, suspended, not renewed or otherwise acted against, or if the holder has been disciplined, if the basis for the action would constitute a basis for disciplinary action in the commonwealth;

(19) failing to repay the fund in full, including the appropriate amount of annual interest, for any amount paid from the fund because of the contractor's or subcontractor's conduct; or

(20) violating any other provision of this chapter.

Violations of this section shall subject the violator to the administrative sanctions of section eighteen and to criminal prosecution as prescribed in section nineteen.

Violations of any of the provisions of this chapter shall constitute an unfair or deceptive act under the provisions of chapter ninety-three A.

For purposes of this section, the conduct of a contractor or subcontractor shall be deemed to include the conduct of their agents, employees, salespersons or subcontractors, whether or not an express relationship exists, if the work or activities is within the scope of the contract and not for additional work beyond the contract undertaken by separate agreement with the owner.

Notes of Decisions
Cited in 36 cases (4 in the last 5 years), 2001–2025 · leading case: Bridgwood v. A.J. Wood Constr., Inc., 105 N.E.3d 224 (Mass. 2018).
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Bridgwood v. A.J. Wood Constr., Inc., 105 N.E.3d 224 (Mass. 2018). · cites it 12× “93A, §§ 2 and 9, by violating G. L. c. 142A, § 17 (10), is subject to the six-year statute of repose set forth in G.”
Reddish v. Bowen, 849 N.E.2d 901 (Mass. App. Ct. 2006). · cites it 15× “As grounds, the trust cited G. L. c. 142A, § 17, as imposing a statutory duty upon Andrews to comply with the setback requirement of the local zoning by-laws that could not be waived or limited by the agreement of private parties.”
Damian Anketell & Another v. Off. of Consum. Affairs & Bus. Reg.., 101 Mass. App. Ct. 628 (Mass. App. Ct. 2022). · cites it 20× “142A, where the plaintiff's failure to disclose to the homeowners that he deposited their payments into his businesses' general fund (rather than using the funds to pay subcontractors on the homeowners' project) was a material misrepresentation within the meaning of G. L. c.…”
Simas v. House of Cabinets, Inc., 757 N.E.2d 277 (Mass. App. Ct. 2001). · cites it 5× “G. L. c. 142A, § 17. It also sets out requirements for residential contracting agreements and authorizes the inclusion of arbitration clauses, so long as the provisions are clearly and conspicuously disclosed in language designated by the director of consumer affairs and…”
McDermott v. Marcus, Errico, Emmer & Brooks, P.C., 775 F.3d 109 (1st Cir. 2014). · cites it 2× “” Mass. Gen. Laws ch. 142A, § 17. One of the act’s provisions prohibits contractors from committing any “violation of the building laws of the commonwealth.”
Downey v. Chutehall Constr. Co., Ltd., 42 N.E.3d 1194 (Mass. App. Ct. 2016). · cites it 8× “93A liability under G. L. c. 142A, § 17, a consumer’s waiver of “safety-related provisions of the building code.”
Sharp v. Hylas Yachts, LLC, 872 F.3d 31 (1st Cir. 2017). “142A, has been found to be a violation of chapter 93A not based on a standalone provision of chapter 93A so providing, but based on language in the home improvement contractor’s law itself providing that “[violations of any of the provisions of this chapter shall constitute an…”
Katz v. Pershing, LLC, 806 F. Supp. 2d 452 (D. Mass. 2011). “2d 901 (2006) (the improper construction of a swimming pool implicated Mass. Gen. Laws ch. 142A, § 17, under which a violation of a local or State “building law” is treated as a Chapter 93A unfair and deceptive act).”
In re Dalezios, 507 B.R. 54 (Bankr. D. Mass. 2014). · cites it 3× “In their Superior Court complaint, the Keltons set forth two counts, one under Mass. Gen. Laws ch. 142A, § 17, which sets forth 17 prohibited acts by contractors and subcontractors, and one for breach of contract.”
Porcaro v. O'Rourke, 2008 Mass. App. Div. 218 (Mass. Dist. Ct., App. Div. 2008). · cites it 3× “In addition, G.L.c. 142A, §17 states, “Violations of any of the provisions of this chapter shall constitute an unfair or deceptive act under the provisions of chapter ninety-three A.”
Mark Bombara Interior Design v. Bowler, 844 N.E.2d 616 (Mass. 2006). · cites it 2× “93A, § 2, and G. L. c. 142A, § 17, for (a) Bombara’s failure to disclose that he was not a contractor registered under G.”
Commonwealth v. Brien, 853 N.E.2d 590 (Mass. App. Ct. 2006). · cites it 2× “The record also indicates that the prosecutor orally informed the defendant at a pretrial conference and again on the day of trial that the Commonwealth was proceeding under G. L. c 142A, § 17(2). Because we conclude that the written complaint passes constitutional muster, we do…”
Show all 36 citing cases →
— Mass. Gen. Laws ch. 142A, § 17(1) — 2 cases
Callahan v. Shepherd (D. Mass. 2018).
Lebreton v. Stone, 14 Mass. L. Rptr. 350 (Mass. Super. Ct. 2002).
— Mass. Gen. Laws ch. 142A, § 17(10) — 6 cases
Reddish v. Bowen, 849 N.E.2d 901 (Mass. App. Ct. 2006). “As grounds, the trust cited G. L. c. 142A, § 17, as imposing a statutory duty upon Andrews to comply with the setback requirement of the local zoning by-laws that could not be waived or limited by the agreement of private parties.”
Downey v. Chutehall Constr. Co., Ltd., 42 N.E.3d 1194 (Mass. App. Ct. 2016). “93A liability under G. L. c. 142A, § 17, a consumer’s waiver of “safety-related provisions of the building code.”
McDermott v. Marcus, Errico, Emmer & Brooks, P.C., 775 F.3d 109 (1st Cir. 2014). “” Mass. Gen. Laws ch. 142A, § 17. One of the act’s provisions prohibits contractors from committing any “violation of the building laws of the commonwealth.”
Williams v. Perrault, 2011 Mass. App. Div. 180 (Mass. Dist. Ct., App. Div. 2011).
Downey v. Chutehall Constr. Co., 30 Mass. L. Rptr. 403 (Mass. Super. Ct. 2012).
— Mass. Gen. Laws ch. 142A, § 17(14) — 1 case
Commonwealth v. DeGennaro, 997 N.E.2d 428 (Mass. App. Ct. 2013).
— Mass. Gen. Laws ch. 142A, § 17(17) — 1 case
Williams v. Perrault, 2011 Mass. App. Div. 180 (Mass. Dist. Ct., App. Div. 2011).
— Mass. Gen. Laws ch. 142A, § 17(2) — 7 cases
Simas v. House of Cabinets, Inc., 757 N.E.2d 277 (Mass. App. Ct. 2001). “G. L. c. 142A, § 17. It also sets out requirements for residential contracting agreements and authorizes the inclusion of arbitration clauses, so long as the provisions are clearly and conspicuously disclosed in language designated by the director of consumer affairs and…”
Commonwealth v. Brien, 853 N.E.2d 590 (Mass. App. Ct. 2006). “The record also indicates that the prosecutor orally informed the defendant at a pretrial conference and again on the day of trial that the Commonwealth was proceeding under G. L. c 142A, § 17(2). Because we conclude that the written complaint passes constitutional muster, we do…”
Commonwealth v. DeGennaro, 997 N.E.2d 428 (Mass. App. Ct. 2013).
Porcaro v. O'Rourke, 2008 Mass. App. Div. 218 (Mass. Dist. Ct., App. Div. 2008). “In addition, G.L.c. 142A, §17 states, “Violations of any of the provisions of this chapter shall constitute an unfair or deceptive act under the provisions of chapter ninety-three A.”
Keene v. Mugford (In re Mugford), 346 B.R. 284 (Bankr. D. Mass. 2006).
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