Why aren't contractor complaints displayed on state's consumer website?

Since launching our "To Catch a Contractor" investigative series several years ago, we have constantly reminded consumers how important it is to do their homework before hiring someone and handing over big bucks for a home improvement project.

However, how are you supposed to study up if you don’t have all the available information at your fingertips?

Last month, we documented how homeowners in Boston and beyond hired Derek Thomas of Incremental Developers to construct accessory dwelling units — or ADUs — at their properties. The projects did not go according to the blueprint.

Along with contacting the NBC10 Boston Investigators, several customers filed complaints with the Office of Consumer Affairs and Business Regulation against Thomas' home improvement contractor registration.

Those complaints have been pending for months. However, if you search for Thomas on the HIC database, it shows there are no complaints on his record.

"That's a shame and that ought not to happen," said Deirdre Cummings, a program director with MASSPIRG, which advocates for consumer protection. "The fact that there are a number of complaints is already an indication of a problem. Put that data online so we can find it and prevent the problem in the first place."

In a statement, OCABR Undersecretary Layla D'Emilia pointed to the launch of a new website that makes it easier to search for contractors or file complaints online.

In the wake of NBC10 Boston's investigative reporting, the state agency has also proposed a number of regulatory changes to the HIC program. Those include increasing consumer access to the Guaranty Fund, reversing the decisions of homeowners that were improperly denied, and increasing the maximum payout from the fund to $25,000.

"My team and I have prioritized modernizing the HIC program, with the goal of making it more efficient and accessible for all stakeholders," D'Emilia said.

However, the agency said in the interest of fairness, complaints are not publicized before they are heard by a hearings officer and determined to have merit. Following a hearing where both parties are given an opportunity to participate, OCABR publishes the complaint and any associated discipline.

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The three complaints against Thomas remain pending, according to OCABR.

For his part, Thomas has denied wrongdoing with any of the customer projects and said he acted well within his contractual obligations at all times.

Through his attorney, John Entner, Thomas said he does not have an opinion on the HIC program’s practice.

"My client simply follows the regulations in place and provides what is required by law," Entner said.

Cummings said complaints are immediately accessible on sites like the Better Business Bureau and Yelp, or when someone submits a complaint to the Massachusetts Attorney General’s Office.

She doesn't understand why HIC complaints could not be marked as "pending" or "under review" until they are fully investigated and any discipline is determined months later.

"We absolutely have to make this information timely and available so that consumers, when they do their homework, can get that information and make the right choice for themselves," Cummings said.