Arbitration Requests

(1) List of Approved Arbitrators. The director of OCABR shall maintain a list of arbitrators who have been approved to arbitrate home improvement disputes under M.G.L. c. 142A and 201 CMR 14.00. Such list shall be public and shall be made available upon request. (2) Arbitration Application. Any eligible party seeking arbitration pursuant to M.G.L. c. 142A of a home improvement dispute shall submit a request for arbitration to the OCABR on a form supplied by the OCABR. (3) Application Requirements. To be eligible for arbitration, the request for arbitration must: (a) comply with 201 CMR 14.03(2); (b) be complete; (c) be for a one-to-four unit, owner-occupied residence or propertylocated in Massachusetts; (d) included a narrative description of the problem; (e) involve a contractor or subcontractor, or in the case of a deceased contractor or sub­ contractor, their administrator, executor, or personal representative, registered with the OCABR as the date of the contract; (f) include a copy of the written contract; and (g) include a monetary amount sought. (4) Homeowner Arbitration Eligibility. If an applicant is a homeowner, the applicant is eligible for arbitration only if the contractor, or subcontractor is duly registered with the director of the OCABR and the parties have a written agreement and the request for arbitration complies with 201 CMR 14.03(3). The contractor or subcontractor may file a counterclaim. Contractor Arbitration Eligibility. If a registered contractor or subcontractor, or their administrator, executor, or personal representative files a request for arbitration, the parties' written agreement must contain an arbitration clause and must be separately signed and dated by the parties. If the arbitration agreement is not separately signed and dated by the parties, the contractor may pursue arbitration only with the written permission of the homeowner. In such an event, the homeowner may file a counterclaim. (6) Application Deadline. The OCABR must receive a request for arbitration within five years of the date of the contract signed by the registrant and the homeowner. A request for arbitration form shall be deemed timely filed if it is date stamped or postmarked within this time period. For the purposes of determiningan application deadline, a request for arbitration shall be deemed timely filed if an applicant submits a complaint form or guaranty fund application form within five years of the date of the contract, even if the request for arbitration form is submitted subsequent to that date, so long as the complaint or guaranty fund application relates to the same contract and claim. (7) Arbitration Attendance. If an applicant's request for arbitration is accepted, the parties and their designated agents must attend the arbitration, except as provided in 201 CMR 14.13. (8) Eligible Places for Arbitration. Arbitration hearings may take place via videoconferencing unless the parties agree to an in-person hearing, or one of the parties shows good cause why videoconferencingis not feasible. In-person hearings must take place in a neutral location within a 50-mile radius of the residence or property in dispute, unless the parties agree otherwise. (9) Parties to Arbitration. Absent a court order, only the homeowner or owner-authorized tenant and the registered contractor or subcontractor, their administrator, executor or personal representative, shall be parties to an arbitration conducted under M.G.L. c. 142A. The arbitrator and OCABR do not have authority to join third parties. Prohibition against Consolidation. Absent a court order or the written approval of OCABR, the arbitrator shall not consolidate an arbitration case with another arbitration case. Tolling of Application Deadline. A request for arbitration must be filed within the application deadline as set forth in 201 CMR 14.03(6). However, the application deadline shall be tolled by the OCABR in those instances where an aggrieved homeowner enters into formal mediation proceedings or where equity so requires.