Showing posts with label California’s home improvement contract. Show all posts
Showing posts with label California’s home improvement contract. Show all posts

Thursday, March 10, 2011

California Home Improvement Contracts


We can agree that consumer protection laws serve a useful purpose. But laws too complex invite evasion. California’s home improvement contracting law is a poster child for that proposition. Most contractors don’t comply simply because they can’t figure out what the law requires. California’s CSLB assesses fines (“civil penalties”) against contractors who don’t comply – but does very little to make compliance easy.

Making It Easy
I’ve listed below everything California requires in a home improvement contract. Any residential job (including painting, landscaping and yard improvements) for more than $500 that’s done for an owner or a tenant occupying a residence needs these notices and disclosures. If you’re interested, required notices and disclosures make up 18 pages of this 21-page contract.

The entire contract has to be in writing, legible and in at least 10 point type.
Page 1 -- The title "Home Improvement Contract" in boldface type.
Page 1 -- The statement: "Any Notice of Cancellation can be sent to this address."
Page 1 -- The name and the address of the contractor.
Page 1 -- Name and registration number of any salesperson.
Page 1 -- The date the contract was signed by the owner.
Page 1 -- In 12-point bold type: "You are entitled to a completely filled in copy. . .”
Page 2 -- The contract price in dollars and cents.
Page 2 -- An approximate date when work will begin.
Page 2 -- What constitutes substantial commencement of the work.
Page 2 -- An approximate date of completion.
Page 2 -- The heading “List of Documents Incorporated into this Contract.”
Page 3 – The down payment can’t exceed $1,000 or 10%, whichever is less.
Pages 3 and 4 -- A payment schedule showing the amount due by job phase.
Pages 4 and 5 – California’s Mechanics’ Lien Warning.
Page 5 -- A statement on release of lien in exchange for payment.
Page 6 -- Confirmation that the contractor carries (or doesn’t carry) liability insurance.
Page 6 -- The name and phone number of the insurance carrier.
Page 6 -- Information about the Contractor's State License Board.
Page 8 -- The statement on performance and payment bonds.
Page 8 -- Notice of California’s 3-day right to cancel.
Page 9 -- A checklist for homeowners.
Page 10 -- Information about commercial general liability insurance.
Page 11 -- A change order form incorporated into the agreement.
Page 11 -- Notes about extra work and change orders.
Page 11 -- A statement on requirements for a change order.
Page 12 -- Receipt acknowledging delivery of the California’s 3-day right to cancel.
Pages 13 and 14 -- California 3-day Notice of Cancellation.
Pages 18 and 20 -- Federal right of rescission (Reg Z) notice.
Pages 19 and 21 -- Explanation of the effects of rescission.
In the specs -- A description of the site and significant materials to be used.
In the specs -- Brand names if brands were mentioned during negotiations.

Add if the job includes a residential swimming pool:
Page 9 -- Checklist for homeowners -- swimming pools.
Plans and specs -- A plan and scale drawing of the pool.

Add if the job includes structural pest control:
Page 3 -- A reference to the structural pest control inspection report.
Page 7 -- A lien notice for the owner in Bus and Prof Code section 8513.
Page 7 -- Right to contract for pest control, B and P Code section 8514.5.

Add if the job includes thermal insulation:
Page 15 -- Disclosure of insulation material, R-value and coverage area.

Add if arbitration is required to settle disputes (residential):
Page 5 -- A disclosure that disputes must be settled by arbitration.
Page 6 -- Initialed consent that disputes will be settled by arbitration.

Add if the contract includes a credit term (retail installment contract):
Page 6 -- California security agreement notice and disclosures.
Pages 16 and 17 -- Federal Truth in Lending disclosures.

Easier Still
Craftsman's Construction Contract Writer drafts perfectly legal construction contracts for every state: residential and commercial prime contracts and subcontracts, cost-plus (time & material) contracts, green LEED contracts (commercial, IT or gut-rehab), home improvement contracts, pool contracts, solar contracts and construction management (consulting) contracts. The trial version is free.