§ 891-3. Home Improvement Contract Requirements  


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  • All home improvements performed where the cost is in excess of $500 shall be done pursuant to a written contract, dated and signed by an authorized representative of the home improvement contractor and the owner. The home improvement contract shall include the entire agreement between the home improvement contractor and the owner. One completed copy of the home improvement contract shall be given to the owner.

    The home improvement contract shall, at a minimum, contain the following provisions:

    (a) The names and addresses of the parties, including the home improvement contractor's business address, telephone number and registration number, and the home improvement salesperson's name;

    (b) A complete description of the work to be performed, the goods and services to be furnished and the terms of payment;

    (c) The expected date when the work is to begin and the date when the work can reasonably be anticipated to be completed, weather permitting;

    (d) A statement that the owner should not sign the contract if any blank spaces remain on the contract;

    (e) A requirement that the home improvement contractor obtain all applicable permits;

    (f) A requirement that the home improvement contractor provide a statement declaring that all subcontractors, laborers and materialmen will be paid in full prior to the final payment on the home improvement contract;

    (g) A provision limiting the amount of any down payment to ten percent of the total home improvement contract price plus the cost of special order materials, when applicable, and limiting the amount of interim payments under the home improvement contract to the percentage of work completed at the time of the interim payment to the total home improvement contract price;

    (h) A requirement that all manufacturers' warranties will be supplied to the consumer upon request;

    (i) A guarantee of all workmanship supplied under the home improvement contract for a period of not less than one year unless otherwise stated;

    (j) A notice of cancellation in the form provided in Section 891-7. A notice of cancellation in the form prescribed by the federal trade commission establishing a cooling-off period for door-to-door sales may be used in lieu of the form prescribed by Section 891-7;

    (k) A provision that all amendments to the terms of the original home improvement contract shall be in writing, dated and signed by the home improvement contractor and the owner.

(C.M.C. 891-3; ordained by Ord. No. 398-1989, eff. Oct. 11, 1989)