The Home Improvement Protection Act That Took Over Pennsylvania

In an effort to catch dishonest contractors andcontractor doesn't comply with the Home
put an end to their fraudulent actions,Improvement Protection Act, and a dispute
Pennsylvania has enacted the Homeoccurs, the property owner has the right to
Improvement Consumer Protection Act. As ofrecover thee times actual damages as well as
July 1, 2009, the Act requires all contractors whoattorney's fees.
perform $5,000 or more in home improvementsHome improvement contractors who don't
annually to register with the Attorney General'scomply with the act should be prepared to work
office. Registered contractors must now carry atfor free should something go wrong; the owner
least $50,000 of personal injury liability coveragewill have them over a barrel. And the fines are
and $50,000 of property damage coverage.tough: if the work is for over $2,000, a violation
Registration with the Attorney General only costscan become a third degree felony.
$51, but the new law also affects remodelers inThe Pennsylvania Home Improvement Protection
other ways. For instance, due to newAct may end up misleading remodeling clients who
requirements in the consumer-protection laws,often choose their remodeling contractor based
construction contracts in Pennsylvania must beon bid price. Contractors who don't carry
longer and become more detailed. This has ainsurance are unlikely to register with the state.
downside to contractors as a 17-page contractThese contractors will have less overhead and will
can appear mighty intimidating to a homeowner.appear attractive to bargain-hunting homeowners
The additional contract pages were added toas they can easily be the low bidder on many
include supplementary and updated clauses inhome improvement jobs. Registered contractors
Pennsylvania law. For instance, up to now,are required to carry liability and property damage
contractors were required to provide ainsurance, increasing the overhead costs they
single-page right-to-rescind clause in their contract.must add to their bids.
The new law identifies specific right-to-rescindPennsylvania is unique in its stringent homeowner
language that has to appear in 10-point bold typeprotection requirements on remodelers and
directly above the signature line. The arbitrationcontractors. For the contractor it represents a
clause isn't enforceable if this right-to-rescindnew burden: not only does he have to carry at
notice doesn't appear in 10-point bold type.least $50,000 of personal injury liability coverage
The new act also requires a long list of disclosuresand $50,000 of property damage coverage, he
to appear in every contract - such as the startnow has to hand a potential customer a 17-page
and finish date, names and addresses of subs,contract that may be a deal breaker - even if it is
insurance coverage, and even a phone numberrequired by Pennsylvania law. And for this
for the Pennsylvania Bureau of Consumercontract he has to hire a lawyer well-versed in
Protection. Without these disclosures, athe changes in Pennsylvania contract law. The
construction contract in Pennsylvania is null andnew law has made Pennsylvania lawyers very
void. Even worse, if a home improvementhappy.