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

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Home Improvement  Consumer Protection Law-

Voidable clauses.–If a home improvement contract  contains any of the following clauses, the home  improvement contract shall be voidable by the  owner:

(1) A hold harmless clause.
(2) A waiver of Federal, State or local health, life,  safety or building code requirements.
(3) A confession of judgment clause.
(4) A waiver of any right to a jury trial in any action  brought by or against the owner.
(5) (Reserved).
(6) An assignment of or order for payment of wages  or other compensation for services.
(7) A provision by which the owner agrees not to  assert any claim or defense arising out of the contract.
(8) A provision that the contractor shall be awarded  attorney fees and costs.
(9) A clause by which the owner relieves the  contractor from liability for acts committed by the  contractor or the contractor’s agents in the collection  of any payments or in the repossession of any goods.
(10) A waiver of any rights provided under this act.
(11) A provision providing for the automatic or  recurring renewal of any provisions of the agreement,  unless:
(i) the contract establishes a procedure by which the  owner can choose not to renew the provision or  provisions, thereby avoiding any new fees or charges,  by providing written notice to the contractor via first  class mail postmarked no later than three business  days prior to any renewal;
(ii) such procedure is clearly and conspicuously  disclosed in the agreement; and
(iii) the contract includes a provision requiring the  contractor to notify the owner of any automatic or  recurring renewal, and the owner’s option to cancel  such renewal, by mail, not earlier than 20 days and  not later than ten days prior to the date of any such  renewal.

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