Home Improvement Consumer Protection Act
New Contract NOW AVAILABLE
By: Bryan W. Shook, Esquire
717-884-9010
February 2, 2009 – Attorney, Bryan W. Shook, became the first known attorney in Pennsylvania to draft and federally copyright a construction contract that helps contractors comply with the many requirements set forth under the new Pennsylvania Home Improvement Consumer Protection Act which was signed into effect by Governor Ed Rendell on October 17, 2008. The new contractor’s registration law took effect on July 1, 2009 and it carries serious criminal and civil penalties if it is not followed.
Attorney Bryan Shook has spearheaded a statewide campaign to get contractors compliant and in an effort to do so has developed a construction contract form for contractors to use. Attorney Shook’s contract comes in an easy to use Microsoft Word format that enables contractors to not only protect their interests, but also become compliant with the law. The form can be used as many times as a contractor wishes and it can be adapted to fit the goals of the contractor as well as the homeowner.
Using this form as a guideline will allow you to be better prepared for the July 1, 2009 transition to the new contractor’s registration law.
Attorney Shook urges all contractors to contact him as soon as possible to obtain this form so that they can facilitate their compliance with the new law as soon as possible.
What if I don’t comply with the new law?
· Criminal Offense
· Home Improvement Fraud
· This is a real offense, which carries the very real risk of jail time.
· Grading – It can be graded, depending on the circumstances as either a misdemeanor or up to a second degree felony.
§ Civil Penalties
· Any violation of the Act by a home improvement contractor will also constitute a violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Law. As a result, consumers have the potential to recover treble damages (or three times the amount of the consumer’s actual damages) and attorneys’ fees from a contractor found to be in violation of the Act.
This means that regardless of the quality of work performed, a contractor could find himself liable for a violating the Act for failing to have a compliant agreement or otherwise failing to comply with the Act. Even a small violation could make a contractor liable under the Act.
Who must be Registered?
· Anyone who does the following: Repair, replacement, remodeling, demolition, removal, renovation, installation, alteration, conversion, modernization, improvement, rehabilitation or sandblasting. Construction, replacement, installation or improvement of driveways, swimming pools, pool houses, porches, garages, roofs, siding, insulation, solar energy systems, security systems, flooring, patios, fences, gazebos, sheds, cabanas, certain landscaping, painting, doors and windows and waterproofing. Installers of central heating or air conditioning or storm windows or awnings are also considered contractors and must register under the new law with the Attorney General’s office at www.attorneygeneral.gov.
This blog entry was written by Bryan W. Shook, Esquire. Attorney Bryan Shook has thoroughly researched this new law and is available to make sure you and your colleagues become compliant BEFORE July 1, 2009. Attorney Shook’s brand new Pennsylvania construction contract form will facilitate your business’s complaince with the new law.
Attorney Shook can be reached by email at bshook@shooklegal.com or by telephone at (717) 884-9010.
Don’t be left behind or find yourself not getting paid for jobs because your contract was invalid or you were not registered.
For more information on registering, please visit Http://www.attorneygeneral.gov.
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