The Massachusetts Home Improvement Sample Contract is designed to comply with the basic necessities of the state's Home Improvement Contractor Law, outlined in MGL chapter 142A, although it emphasizes that additional steps should be taken to ensure homeowner protection. It highlights the importance of seeking legal advice and recommends obtaining a free consumer guide before finalizing any home improvement plans. To ensure you're fully informed and prepared before beginning your home improvement project, consider filling out the form by clicking the button below.
In the heart of Massachusetts, the Home Improvement Sample Contract plays a pivotal role for homeowners and contractors alike, encapsulating the essentials as dictated by the state's Home Improvement Contractor Law (MGL chapter 142A). Acting as a comprehensive guide, this form outlines the necessary homeowner and contractor information, crucial details about the work to be done, including the materials and schedule, alongside the pricing and payment structure. It emphasizes the importance of adhering to legal requirements such as securing the relevant permits, all the while underscoring the necessity of registering as a home improvement contractor. The document doesn't stop at merely listing the obligations; it extends into areas like warranties, subcontractor responsibilities, and the execution of the contract, ensuring clarity and protection for both parties involved. Additionally, it touches upon homeowner's rights and the arbitration process, providing a well-rounded tool to navigate the potentially complex landscape of home improvement. It pays homage to consumer rights by advising homeowners to acquire the "Mass dealconsumer guide to home improvement" and not to hesitate in seeking legal advice if needed, underpinning the essential nature of being well-informed and cautious. With notes on payments, including the significant stipulation that down payments should not exceed certain limits, and reminders about the sanctity of contract signatures, it stands as a testament to the rigorous consumer protection ethos embedded in Massachusetts' approach to home improvements. Lastly, it furnishes contact details for further assistance, symbolizing a beacon of guidance and support in the multifaceted domain of home improvement contracting.
Massachusetts Home Improvement Sample Contract
This form satisfies all basic requirements of the state's Home Improvement Contractor Law (MGL chapter 142A), but does not include standard language to protect homeowners. Seek legal advice if necessary. Any person planning home improvements should first obtain a copy of "a Massachusetts consumer guide to home improvement" before agreeing to any work on your residence. You may obtain a free copy by calling the Office of Consumer Affairs and Business Regulation's Consumer Information Hotline at 6l7-973-8787 or 1-888-283-3757.
Homeowner Information
Contractor Information
Name
Company Name
__________________________________________________________________________________________________________________________________
Street Address (do not use a Post Office Box address)Contractor/ Salesperson/ Owner Name
City/TownState Zip CodeBusiness Address (must include a street address)
Daytime PhoneEvening PhoneCity/TownState Zip Code
Mailing Address (It different from above)
Business Phone
Federal Employer ID or S.S. Number
Law requires that most home im-
Home
Improvement Contractor Reg. Number
Expiration date
provement contractors have a
valid registration number
The Contractor agrees to do the following work for the Homeowner:
(Describe in detail the work to completed, specifying the type, brand, and grade of materials to be used, use additional sheets if necessary.)
Required Permits - The following building permits are required and will be secured by the contractor as the homeowner's agent,
(Owners who secure their own permits will be excluded from the Guaranty Fund provisions of MGL chapter 142A.)
Proposed Start and Completion Schedule - The following schedule will be adhered to unless circumstances beyond the contractor's control arise
____________Date when contractor will begin contracted work.
____________Date when contracted work will be substantially completed.
Total Contract Price and Payment Schedule
The Contractor agrees to perform the work, furnish the material and labor specified above for the total sum of: ________________________(*)
Payments will be made according to the following schedule:
$____________ upon signing contract (not to exceed 1/3 of the total contract price or the cost of special order items, whichever is greater)
$____________ by ____/____/____ or upon completion of ________________________________________________________________
$____________ by ____/____/____ or upon completion of __________________________________________________________________
$____________ upon completion of the contract. (Law forbids demanding full payment until contract is completed to both party’s satisfaction)
The following material/equipment must be special
$____________ to be paid for ___________________________________
ordered before the contracted work begins in order
to meet the completion schedule.(**)
NOTES: (*) Including all finance charges (**) Law requires that any deposit or down-payment required by the contractor before work begins may not exceed the greater of (a) one-third of the total contract price or (b) the actual cost of any special equipment or custom made material which must be special ordered in advance to meet the completion schedule.
__________________________________________________________________________________________________________________
Express Warranty - Is an express warranty being provided by the contractor? No Yes (all terms of the warranty must be attached to the contract)
Subcontractors - The contractor agrees to be solely responsible for completion of the work described regardless of the actions of any third party/subcontractor utilized by the contractor. The contractor further agrees to be solely responsible for all payments to all subcontractors for
materials and labor under this agreement. Contract Acceptance - Upon signing, this document becomes a binding contract under law. Unless otherwise noted within this document, the contract shall not imply that any lien or other security interest has been placed on the residence. Review the following cautions and notices carefully before signing this contract.
Don't be pressured into signing the contract. Take time to read and fully understand it. Ask questions if something is unclear.
Make sure the contractor has a valid Home Improvement Contractor Registration. The law requires most home improvement contractors and subcontractors to be registered with the Director of Home Improvement Contractor Registration. You may inquire about contractor registration by writing to the Director at 10 Park Plaza, Room 5170, Boston, MA 02116 or by calling 617-973-8787 or 888-283-3757.
Does the contractor have insurance? Ask the Contractor for his insurance company information so that you can confirm coverage, or ask to see a copy of a “proof of insurance” document.
Know your rights and responsibilities. Read the Important Information on the reverse side of this form and get a copy of the Consumer Guide to the Home Improvement Contractor Law.
You may cancel this agreement if it has been signed at a place other than the contractor's normal place of business, provided you notify the contractor in writing at his/her main office or branch office by ordinary mail posted, by telegram sent or by delivery, not later than midnight of the third business day following the signing of this agreement. See the attached notice of cancellation form for an explanation of this right.
DO NOT SIGN THIS CONTRACT IF THERE ARE ANY BLANK SPACES!!!
Two identical copies of the contract must be completed and signed. One copy should go to the homeowner. The other copy should be kept by the contractor.
__________________________________________________
___________________________________________________
Homeowner’s Signature
Contractor’s Signature
_________________________________________
__________________________________________
Date
Contractor Arbitration
The Home Improvement Contractor Law provides homeowners with the right to initiate an arbitration action (as an alternative to court action) if they have a dispute with a contractor. The same right is not automatically afforded to a contractor, however. The contractor would have to resolve any dispute he/she has with a homeowner in court unless both parties agree to the optional clause provided below. This clause would give the contractor the same right to arbitration as is afforded to the homeowner by the Home Improvement Contractor Law.
The contractor and the homeowner hereby mutually agree in advance that in the event the contractor has a dispute concerning this contract, the contractor may submit the dispute to a private arbitration firm which has been approved by the Secretary of the Executive Office of Consumer Affairs and Business Regulation and the consumer shall be required to submit to such arbitration as provided In Massachusetts General Laws, chapter 142A.
______________________________________
_______________________________________
Homeowner's Signature
Contractor's Signature
NOTICE: The signatures of the parties above apply only to the agreement of the parties to alternative dispute resolution initiated by the contractor. The homeowner may initiate alternative dispute resolution even where this section is not separately signed by the parties.
Homeowner's Rights
A homeowner's rights under the Home Improvement Contractor Law (MGL chapter 142A) and other consumer protection laws (i.e. MGL chapter 93A) may not be waived in any way, even by agreement. However, homeowners may be excluded from certain rights if the contractor they choose is not properly registered as prescribed by law. Homeowners who secure their own building permits are automatically excluded from all Guaranty Fund provisions of the Home Improvement Contractor Law. The contractor is responsible for completing the work as described, in a timely and workmanlike manner. Homeowners may be entitled to other specific legal rights if the contractor guarantees or provides an express warranty for workmanship or materials. In addition to guarantees or warranties provided by the contractor, all goods sold in Massachusetts carry an implied warranty of merchantability and fitness for a particular purpose. An
enumeration of other matters on which the homeowner and contractor lawfully agree may be added to the terms of the contract as long as they do not restrict a homeowner’s basic consumer rights. If you have questions about your
consumer/homeowner rights, contact the Consumer Information Hotline (listed below).
Execution of Contract
The contract must be executed in duplicate and should not be signed until a copy of all exhibits and referenced documents have been attached. Parties are also advised not to sign the document until all blank sections have been filled in or marked as void, deleted, or not applicable. One original signed copy of the contract with attachments is to be given to the owner and the other kept by the contractor. Any modification to the original contract must be in writing and agreed to by both parties. Contracted work may not begin until both parties have received a fully executed copy of the contract, and the three day recission period has expired.
Accelerated Payments
A contractor may not demand payments in advance of the dates specified on the payment schedule in cases where the homeowner deems him/herself to be financially insecure. However, in instances where a contractor deems him/herself to be financially insecure, the contractor may require that the balance of funds not yet due be placed in a joint escrow account as a prerequisite to continuing the contracted work. Withdrawal of funds from said account would require the signatures of both parties.
Additional Information
If you need additional information about the Home Improvement Contractor Law or other consumer rights, or if you wish to obtain a free copy of "A Massachusetts Consumer Guide to Home Improvement," contact:
Consumer Information Hotline
Office of Consumer Affairs and Business Regulation 501 Boylston St, Suite 5100, Boston, MA 02116 (617) 973-8787 or 1-(888) 2833757
If you want to verify the registration of a contractor or if you have questions or need additional information specifically about the contractor registration component of the Home Improvement Contractor Law, contact:
Director of Home Improvement Contractor Registration Office of Consumer Affairs and Business Regulation
1000 Washington St, Room 710, Boston, MA 02118
617-973-8787, 888-283-3757 or visit the HIC website at http://www.mass.gov/ocabr/
Go online to view the status of a Home Improvement Contractor’s Registration:
http://db.state.ma.us/homeimprovement/licenseelist.asp
For assistance with informal mediation of disputes or to register formal complaints against a business, call:
Consumer Complaint Section
Office of the Attorney General
(617)727-8400
AND/OR
Better Business Bureau
(508) 652-4800, (508) 755-2548, (413) 734-3114
NOTICE OF CANCELLATION
YOU MAY CANCEL THIS TRANSACTION, WITHOUT PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS FROM THE ABOVE DATE.
IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENTS EXECUTED BY YOU WILL BE RETURNED WITHIN TEN BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOU CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED.
IF YOU CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER AT YOUR RESIDENCE, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE; OR YOU MAY, IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE SELLER'S EXPENSE AND RISK.
IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK THEM UP WITHIN TWENTY DAYS OF THE DATE OF CANCELLATION, YOU MAY RETAIN OR DESPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER, OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER AND FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT.
TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A TELEGRAM TO [Name of Seller], AT [Address of Seller's Place
of Business] NOT LATER THAN MIDNIGHT OF
(date).
I HEREBY CANCEL THIS TRANSACTION.
Date:
Buyer's Signature:
Understanding the Massachusetts Home Improvement Sample Contract is crucial for both homeowners planning improvements to their homes and contractors undertaking such projects. This form aligns with the requirements set by the state's Home Improvement Contractor Law (MGL chapter 142A), ensuring compliance with state regulations. It's essential to fill out this contract comprehensively, specifying all details of the work to be done, including materials, schedules, and payment terms. Additionally, securing a free copy of "a Massachusetts consumer guide to home improvement" is recommended for a deeper understanding of your rights and responsibilities. Here is a step-by-step guide on filling out the form:
Once completed, this contract provides a clear agreement between the homeowner and the contractor, detailing the scope of work, payment schedule, and legal responsibilities. Ensure that all information is accurate and that no sections are left blank before signing. Remember, both the homeowner and the contractor should retain a copy of the signed contract. Modifications to the contract must be agreed upon in writing by both parties. Keep in mind, the contract becomes effective and work can commence only after the three-day rescission period has expired, offering a brief window for the homeowner to reconsider the agreement.
What is the Massachusetts Home Improvement Sample Contract?
The Massachusetts Home Improvement Sample Contract is a document that meets the basic requirements of the state's Home Improvement Contractor Law, found in MGL chapter 142A. It outlines the agreement between a homeowner and a contractor regarding home improvement projects. However, it lacks standard protective language for homeowners, advising them to seek legal advice if necessary.
Where can I obtain a consumer guide to home improvement in Massachusetts?
Homeowners planning improvements can request a free copy of "a Massachusetts consumer guide to home improvement" by contacting the Office of Consumer Affairs and Business Regulation's Consumer Information Hotline at 617-973-8787 or 1-888-283-3757.
What information must the contractor provide in the contract?
The contractor must detail the work to be completed, specifying types, brands, and grades of materials. The contract must also include the contractor's name, address, phone numbers, registration number, and start and completion dates for the project. Pricing and payment schedule details, along with information about required permits and any express warranties, must also be included.
Is an express warranty required?
No, an express warranty is not required by law. However, if the contractor chooses to provide one, all terms of the warranty must be clearly attached to the contract.
Can homeowners cancel the contract after signing?
Yes, homeowners have the right to cancel the contract without penalty or obligation within three business days from the signing date if the contract was signed anywhere other than the contractor's place of business. They must send a written cancellation notice to the contractor's main or branch office by the deadline.
What are the guidelines for payments before work begins?
Massachusetts law restricts the initial deposit or down payment to the greater of one-third of the total contract price or the actual cost for special equipment or custom materials necessary to start the work. This requirement helps protect homeowners financially.
What should I do if I have a dispute with my contractor?
The Home Improvement Contractor Law provides a right to arbitration for homeowners, an alternative to resolving disputes in court. If there's a disagreement, homeowners can initiate arbitration with a private firm approved by the Secretary of the Executive Office of Consumer Affairs and Business Regulation.
How do I know if my contractor is properly registered and insured?
Before hiring a contractor, verify their registration with the Director of Home Improvement Contractor Registration by calling 617-973-8787 or 1-888-283-3757. It's also advisable to request proof of insurance from the contractor to confirm coverage, protecting both parties in case of accidents or damage during the project.
Not obtaining a free copy of "A Massachusetts Consumer Guide to Home Improvement" prior to agreeing to work. This guide provides essential information and protections for homeowners planning improvements, and failing to review it can result in missed opportunities for informed decision-making.
Using a Post Office Box address instead of a street address for the contractor information. The form specifically requires a street address for the contractor/salesperson/owner, as this ensures there's a physical location that can be referenced or visited if necessary.
Incomplete descriptions of the work to be completed. The form asks for detailed descriptions, including the type, brand, and grade of materials to be used. Failing to specify these details can lead to misunderstandings or disputes about the scope or quality of the work intended.
Not specifying required permits. The form indicates which building permits are required and that the contractor will secure them as the homeowner's agent. Ignoring this section can lead to legal and safety issues with the work performed.
Leaving the total contract price or payment schedule blank or vague. The law limits initial deposits and dictates payment milestones. Accurate and detailed payment schedules protect both parties and ensure expectations are clear.
Ignoring the express warranty section. Whether an express warranty is being provided by the contractor is crucial. If "Yes," all terms of the warranty must be attached to the contract. This omission could leave the homeowner without recourse for poor workmanship or materials.
Signing the contract with blank spaces. The form explicitly warns against this practice because it leaves room for potential fraud or abuse. Ensuring all sections are completed or marked as void or not applicable is essential for a legally binding agreement.
Not reviewing the contractor’s registration and insurance status. Verifying that the contractor has a valid Home Improvement Contractor Registration and asking for proof of insurance guards against hiring unqualified or uninsured contractors.
Forgetting to attach a copy of all exhibits and referenced documents before signing. Completing the contract without all pertinent information attached can lead to disputes about the terms and scope of the agreement.
Failing to utilize the contract's provision for a three-day cancellation period. This right allows the homeowner to cancel the agreement without penalty within three business days from the signing date, a critical safeguard against rushed or pressured decisions.
When it comes to home improvement projects in Massachusetts, the Massachusetts Home Improvement Sample Contract is just the starting point. To ensure a smooth, legal, and efficient process, several additional forms and documents often come into play alongside this contract. Here's a rundown of some of these key documents, providing context for each within the home improvement realm.
While the Massachusetts Home Improvement Sample Contract lays the groundwork for a clear agreement between homeowners and contractors, these supplementary documents play critical roles in clarifying, protecting, and enforcing the terms and conditions of home improvement projects. Together, they form a comprehensive toolkit designed to facilitate successful and legally sound home improvements.
The Massachusetts Sample form is similar to other standard home improvement contracts in several ways, focusing on protection and compliance with state laws. For instance, like the New York Home Improvement Contract, it mandates the inclusion of contractor and homeowner information, a detailed description of the work to be performed, and the materials to be used. However, the Massachusetts form places greater emphasis on adherence to the Home Improvement Contractor Law and requires that the contract mention whether an express warranty is provided by the contractor. On the other hand, the Newabor alike. York contract offers a more detailed section on dispute resolution mechanisms available to both parties. Both documents stress the importance of clear payment schedules and the rights and obligations of both the contractor and homeowner under law.
Similarly, the form shares many characteristics with the California Home Improvement Contract
Lastly, it aligns with the Florida Home Improvement Contract
When you're tasked with filling out the Massachusetts Home Improvement Sample Contract, it's crucial to proceed with care and attention to detail to ensure all information is accurate and complies with state regulations. By following a series of dos and don'ts, you can navigate this process more effectively and safeguard your interests as a homeowner or contractor. Below are ten critical guidelines to consider:
By adhering to these guidelines, you can help safeguard your rights and interests, ensuring that the home improvement process is as smooth and dispute-free as possible. Always remember, the key to a successful home improvement project lies in clear communication, detailed planning, and legal prudence.
There are several misconceptions surrounding the Massachusetts Sample Form for Home Improvement Contracts. Understanding these misconceptions is crucial for homeowners and contractors alike to ensure legal compliance and safeguard their rights and interests within the scope of home improvement projects. Here are ten common misunderstandings:
Many believe that the Massachusetts Sample Form alone is sufficient for all legal requirements. While it meets basic requirements under the Home Improvement Contractor Law (MGL chapter 142A), it may lack specific protections for homeowners, emphasizing the importance of legal advice.
The notion that additional homeowner protections are not necessary if this form is used is misleading. It explicitly recommends obtaining legal advice to include standard protective language not covered in the sample form.
Homeowners often think they don't need to verify the contractor's registration and insurance. The form underlines that ensuring the contractor is appropriately registered and insured is a homeowner's responsibility.
There is a misconception that all terms are final once the contract is signed. However, modifications post-signature are valid if both parties agree in writing, acknowledging flexibility in contract terms.
Some people incorrectly assume that securing permits is the homeowner's duty. The form specifies that the contractor, acting as the homeowner's agent, is responsible for securing required building permits unless the homeowner opts to do so.
There's a belief that upfront payment demands above one-third of the total price are standard. The law restricts initial payments to no more than one-third of the total contract price or the cost of specially ordered items, safeguarding homeowners from excessive upfront financial commitments.
A misunderstanding exists that the express warranty is automatically included. The form clarifies that the existence of an express warranty must be clearly stated, with all terms attached to the contract.
Some assume that subcontractor issues are the homeowner's concern. The sample form makes it clear that contractors bear sole responsibility for completion of the work, regardless of third parties involved, and for payments to all subcontractors for materials and labor.
It's mistakenly thought that contractors have the same arbitration rights as homeowners under the Home Improvement Contractor Law. While homeowners have the right to initiate arbitration, contractors only gain this right if both parties agree to the optional arbitration clause.
Finally, there is the misconception that homeowners who secure their own permits do not forfeit any rights. The form explicitly states that doing so excludes homeowners from Guaranty Fund provisions, a unique protection under Massachusetts law.
It is imperative for both parties engaged in a home improvement project to fully understand their rights, responsibilities, and the instructions detailed in the Massachusetts Home Improvement Sample Contract to avoid potential legal pitfalls and unforeseen liabilities.
Understanding the Massachusetts Home Improvement Sample Contract can significantly help homeowners and contractors ensure that their home improvement projects comply with state laws and protect both parties' interests. Here are five key takeaways to consider when filling out and using the Massachusetts Sample form:
Before signing the contract, both the homeowner and the contractor should ensure they fully understand its content and implications. Engaging legal counsel to review the document or seeking advice from the Office of Consumer Affairs and Business Regulation can prevent future conflicts and ensure that the project runs smoothly and in compliance with Massachusetts law.
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