In Diprio v. Ground Up Constr., Inc., the
Massachusetts Appeals Court considered the appropriateness of an
award of attorneys' fees to pro se litigants—homeowners
who sued a contractor for violating a Massachusetts Home
Improvement Contractor Statute (HICS)—and the proper measure
of damages under 93A, Section 9. At trial, a jury found that
(i) the plaintiff homeowners breached their home improvement
contract and (ii) the contractor breached the HICS—each
causing damages for the same amount and effectively
“canceling out” the payment of damages. However,
the trial court concluded that the contractor's violation of
the HICS violated Chapter 93A, Section 9 and awarded
attorneys' fees to the pro se homeowners.
