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

What Must Be in Writing? The Act provides:

§ 517.7. Home improvement contracts
(a) Requirements.–No home improvement contract shall be  valid or enforceable against an owner unless it:

(1) Is in writing and legible and contains the home improvement  contractor registration number of the performing contractor.
(2) Is signed by all of the following:
(i) The owner, his agent or other contracted party.
(ii) The contractor or a salesperson on behalf of a contractor.
(3) Contains the entire agreement between the owner and the  contractor, including attached copies of all required notices.
(4) Contains the date of the transaction.
(5) Contains the name, address and telephone number of the  contractor. For the purposes of this paragraph, a post office box  number alone shall not be considered an address.
(6) Contains the approximate starting date and completion date.
(7) Includes a description of the work to be performed, the  materials to be used and a set of specifications that cannot be  changed without a written change order signed by the owner and  the contractor.
(8) Includes the total sales price due under the contract.
(9) Includes the amount of any down payment plus any amount  advanced for the purchase of special order materials. The amount  of the down payment and the cost of the special order materials  must be listed separately.
(10) Includes the names, addresses and telephone numbers of all  subcontractors on the project known at the date of signing the  contract. For the purposes of this paragraph, a post office box  number alone shall not be considered an address.
(11) Except as provided in section 125, agrees to maintain  liability insurance covering personal injury in an amount not less  than $50,000 and insurance covering property damage caused by  the work of a home improvement contractor in an amount not less  than $50,000 and identifies the current amount of insurance  coverage maintained at the time of signing the contract.
(12) Includes the toll-free telephone number under section 3(b)6.
(13) Includes a notice of the right of rescission under subsection

(b) Right of rescission.–An individual signing a home  improvement contract, except as provided in the emergency  provisions of section 7 of the act of December 17, 1968 (P.L.  1224, No. 387)7, known as the Unfair Trade Practices and  Consumer Protection Law, shall be permitted to rescind the  contract without penalty regardless of where the contract was  signed, within three business days of the date of signing.
(c) Copy to be provided.–A contractor or salesperson shall  provide and deliver to the owner, without charge, a completed  copy of the home improvement contract at the time the contract  is executed which shall contain all required notices. (Emphasis  added.)

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