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

American House

Unlike commercial contracts (where the courts  assume a level of sophistication on the part of the  signatories), certain contracts for home improvement  from July 1, 2009 onward are governed by  consumer protection laws, such as the Home  Improvement Consumer Protection Act and the  Unfair Trade Practices and Consumer Protection  Law. Each of those bestow substantial rights on the  consumer beyond the written word of the agreement.

Notwithstanding consumer protection laws,  important rights and remedies exist on the part of  contractors, sub-contractors and suppliers. They can  take a mechanic’s lien against the consumer’s  property in regard to money owed and payable by  the home owner, leasee or occupier. Likewise, the  Contractor and Subcontractor Payment Act, 73 P.S. §  501, governs home improvement contracts and the  property owner can be liable for interest, penalties,  and attorney fees.

Residential construction and renovation agreements  are a hotbed for litigation.

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