by the owner, based on time and materials (there are further requirements for a time and materials provision). •
Amount of any down payment plus any amount advanced for the purchase of special-order materials, listed separately.
•
The toll-free number where the homeowner can contact the Pennsylvania Office of the Attorney General to verify the home improvement contractor’s registration.
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A notice to the homeowner that they may rescind the contract without penalty within three business days of signing the contract.
If the contract fails to comply with HICPA’s requirements, it is invalid and unenforceable against the homeowner. On the on hand, these requirements are the homeowner’s shield to a potentially fraudulent claim by a contractor. But on the other hand, a contractor who understands these requirements can ensure that his contracts are enforceable under HICPA. HICPA also prohibits home improvement contracts from including specific provisions, including but not limited to provisions waiving compliance with federal, state, or local health, life, safety, or building code requirements or the conditions of HICPA. If a home improvement contract contains prohibited provisions, the homeowner may void the contract. Aside from imposing strict requirements on home improvement contracts, HICPA also prohibits contractors from some specific acts, such as abandoning a home improvement project, deviating from plans or specifications
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without a written change order, or accepting a municipal certificate of occupancy with the knowledge that the contract is not complete. One of the punitive aspects of HICPA is its incorporation of the Unfair Trade Practices and Consumer Protection Law, which exposes home improvement contractors to civil liability for triple the amount of damages claimed by the homeowner in a lawsuit alleging a violation of HICPA as well as the homeowners' attorneys' fees. This is the homeowner's potential sword against a home improvement contractor that violates one of HICPA's prohibitions. HICPA also creates the criminal offense of "home improvement fraud," which encompasses multiple forms of misrepresentations and deceptive conduct by a home improvement contractor. For example, a contractor cannot make false statements to a homeowner to encourage them to hire the contractor to complete a home improvement project. The offense of home improvement fraud under HICPA can result in varying degrees of criminal liability for a home improvement contractor depending on the value of the contract or payment involved. The home improvement contractor can lose its certificate of registration. Home improvement is highly regulated in Pennsylvania, from HICPA’s strict contract requirements to home improvement contractors' rules, requirements, and prohibitions. While HICPA aims to protect consumer homeowners and punish bad-acting contractors, a contractor familiar with its provisions can avoid the pitfalls and confidently contract for new home improvement projects.
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