Construction Law | Residential | Commercial | Home Improvement | Contractor Sub Payment Act | Mechanic’s Liens

American House

DEFINITION OF “OWNER” AND “PRIVATE  RESIDENCE”

“Owner.”
(1) The term includes any of the following:
(i) An owner of a private residence, including any  person authorized by an owner to act on the owner’s  behalf to order, contract for or purchase a home  improvement.
(ii) A person entitled to the performance of the work  of a contractor pursuant to a home improvement  contract.
(2) An owner of a private residence shall not be  required to reside in the residence to be deemed an  owner under this act.
(3) A person who owns three or more private  residences in this Commonwealth shall not be deemed  an owner except with respect to the person’s primary  residence or the part of the building which houses the  primary residence of the owner and those private  residences the person uses for personal recreational  purposes.

“Person.” An individual, partnership, limited  partnership, limited liability company, joint venture  or corporation.

“Private residence.” Any of the following:
(1) A single family dwelling.
(2) A multifamily dwelling consisting of not more than  two units.
(3) A single unit located within any multifamily  dwelling, including condominiums and cooperative  units.

“Special order material.” Any material, product or  equipment that is not a stock item and must be  specially ordered from the factory or distributor and  which is produced or processed for the contractor for  a specific home improvement contract. Special order  materials are not returnable by the contractor for a  refund or credit and have no usefulness for other  home improvement contracts because they are  specially ordered for a specific home improvement  contract.

“Specifications.” The plans, detailed drawings, lists of  materials, stated allowances or other methods  customarily used in the home improvement industry  as a whole to describe with particularity the work,  workmanship, materials and quality of materials for
each home improvement.

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