Fillable Printable Home Improvement Contract
Fillable Printable Home Improvement Contract
Home Improvement Contract
_________ ________ ________
Contractor Buyer Buyer
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HOME IMPROVEMENT CONTRACT
YOU ARE ENTITLED TO A COMPLETELY FILLED-IN COPY OF
THIS CONTRACT, SIGNED BY BOTH YOU AND THE CONTRACTOR
BEFORE ANY WORK MAY BE STARTED.
DATE: ______________________________
BUYER’S NAME: ______________________________
ADDRESS: ______________________________
BUYER’S DAY PHONE: ______________________________
BUYER’S EVENING PHONE: ______________________________
BUYER’S CELL PHONE: ______________________________
BUYER’S E-MAIL ADDRESS: ______________________________
PROJECT ADDRESS: ______________________________
CONTRACTOR’S NAME (as on record with DCA):
______________________________________________________________
ADDRESS
(as on record with DCA
):
___________________________________________________
PHONE (
as on record with DCA
):____________________________
FAX:_______________________________________________
CELL PHONE:_________________________________________
E-MAIL (as on record with DCA):____________________________
DCA HIC LICENSE #:______________________________
HOME IMPROVEMENT SALESPERSON’S NAME
(as on record with DCA):______________________________
ADDRESS (as on record with DCA):
___________________________________________________
PHONE (
as on record with DCA
):____________________________
FAX:_______________________________________________
CELL PHONE:_________________________________________
E-MAIL (
as on record with DCA
):____________________________
DCA HIS LICENSE #:__________________________________
_________ ________ ________
Contractor Buyer Buyer
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I. PARTIES
This Contract is entered into on this _______ day of ______________,
20___ by and between __________________________ (“Buyer”) and
___________________________ (“Contractor”). Buyer and
Contractor agree to the following:
II. GENERAL SCOPE OF WORK DESCRIPTION
The Contractor shall perform all work and provide all labor,
supervision, materials, and equipment described below to complete in
a good and workmanlike manner the following:
___Yes ___No: All work to be completed by the Contractor (and
subcontractors, if any) is described in the attached plans and
specifications dated _____ that have been signed and acknowledged
by the Buyer and the Contractor.
III. DESCRIPTION OF MATERIALS AND EQUIPMENT
(Include quantity, quality, brand, model number, identifying features,
and price of materials and equipment.)
Materials/Equipment Price
_________ ________ ________
Contractor Buyer Buyer
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___Yes: All / some (circle one) materials/equipment are to be
supplied by the Contractor according to the attached plans and
specifications dated _____ that have been signed and acknowledged
by the Buyer and the Contractor.
___No: The Buyer will supply the materials/equipment according to
the attached plans and specifications dated _____ that have been
signed and acknowledged by the Buyer and the Contractor.
IV. SUBCONTRACTORS
(List all subcontractors, plumbers, electricians, etc. with names,
addresses, phone numbers, license numbers, and work to be
provided.)
V. CONTRACT PRICE $__________
(total amount)
The Buyer shall pay the Contractor the fixed sum of $_____________
(in dollars and cents) for the work to be performed under this
Contract.
VI. PROGRESS PAYMENTS AND SCHEDULE
Deposit: When the Contract is signed by both parties and returned to
the Contractor, the Buyer shall pay to the Contractor a deposit of:
$________
Progress Payments: All payments are subject to a site inspection and
approval of work by the Buyer.
_________ ________ ________
Contractor Buyer Buyer
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Work or service performed Amount due on completion
and materials to be supplied
________________________ $________
________________________ $________
________________________ $________
________________________ $________
________________________ $________
________________________ $________
________________________ $________
________________________ $________
Final Payment: When all work is complete, the Buyer will pay the
Contractor:
$________
The Buyer may withhold final payment if the Contractor does not
submit satisfactory evidence to the Buyer that all expenses related to
this work have been paid and no lien exists on the property as
described in the section “Additional Terms and Conditions.”
VII. RIGHT TO CANCEL CONTRACT WITHIN THREE DAYS
YOU, THE BUYER, MAY CANCEL THIS CONTRACT AT ANY TIME PRIOR
TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF
THIS TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION
FORM FOR EXPLANATION OF THIS RIGHT.
_________ ________ ________
Contractor Buyer Buyer
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VIII. COMMENCEMENT AND COMPLETION SCHEDULE
Work will commence on: _________ (date). The Buyer may cancel
the Contract if work is not begun within _____ days of this stated
commencement date.
Construction time through completion date is approximately _____ to
______ weeks/months (circle one).
Work will be completed by: _________________ (date). Time is of
the essence regarding this Contract unless the Buyer has appended a
handwritten statement that extends the work timeframe.
___Yes ____No: A handwritten statement by the Buyer is appended
and time is not of the essence.
No extension of time will be valid without the Buyer’s written consent.
The following events or contingencies may impact the Contractor’s
ability to perform:
IX. CHANGE ORDERS/ADDITIONAL WORK
Written Change Orders signed by both parties are required for any
changes or additional work. The Change Order shall state:
▪
whether the change will increase or decrease the original
Contract amount
▪
the cost of the additional work
▪
the new total amount of the Contract
The Contractor shall provide the Buyer with a copy of the signed
Change Order form before commencing the additional or changed
work. Except for those items specifically described in the Change
Order, all other Contract terms shall remain unchanged. Payment for
additional or changed work is due upon completion of all of the
additional or changed work and submittal of an invoice by the
Contractor.
_________ ________ ________
Contractor Buyer Buyer
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X. ADDITIONAL TERMS AND CONDITIONS
See page(s) attached: ____Yes ____No
ACCEPTANCE OF CONTRACT
The condition specifications and prices stated in this Contract and any
referenced attachment herein are satisfactory and are hereby accepted. The
Contractor is authorized to do the work as specified. Payment will be made
as outlined in the Section “Progress Payments and Schedule.” The Contractor
will provide the Buyer with a copy of this Contract after it is signed by both
parties.
_________ _________________________________
DATE SIGNATURE OF LICENSED SALESPERSON
FOR THE LICENSED CONTRACTOR
_________________________________
PRINT NAME
_________ _________________________________
DATE BUYER’S SIGNATURE
_________________________________
PRINT NAME
_________ _________________________________
DATE BUYER’S SIGNATURE
_________________________________
PRINT NAME
_________ ________ ________
Contractor Buyer Buyer
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ADDITIONAL TERMS, PROVISIONS, AND CONDITIONS
1.
The Contractor or subcontractor who performs work under this
Contract and is not paid may have a claim against you, the Buyer,
which may be enforced against the property in accordance with the
applicable lien laws.
2.
You, the Buyer, may withhold final payment due under the Contract
until the Contractor submits from all subcontractors and vendors a
waiver of lien as proof of payment for the work and/or the materials
they supplied.
3.
In accordance with subdivision 4 Section 71-a of the Lien Law, the
Contractor is legally required to deposit all payments received prior to
substantial completion of work. In lieu of such deposit, the Home
Improvement Contractor may post a bond or Contract of Indemnity
with the Buyer guaranteeing the return of the payments or application
of the payments to the purpose of the Contract.
4.
The Contractor agrees to use only licensed subcontractors, including
Home Improvement Contractors licensed by the New York City
Department of Consumer Affairs (DCA) and plumbers and electricians
licensed by the New York City Department of Buildings.
5.
The Contractor agrees to furnish the Buyer with a “Certificate of
Workers’ Compensation Insurance” prior to commencement of work
pursuant to the Contract.
6.
The Contractor agrees to procure all required permits in accordance
with local laws.
7.
The Contractor shall disclose all terms, conditions, and period of time
covered by any guarantee or warranty it offers to the Buyer, including
those advertised by the Contractor. The following guarantee/warranty
is applicable: (If none, state none.)
________________________________________________________
________________________________________________________
________________________________________________________
8.
The Contractor agrees to shield the Buyer from any liability related to
the Contractor’s failure to pay subcontractors or supply vendors who
were arranged by the Contractor, and to hold the Buyer harmless from
such claims.
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Contractor Buyer Buyer
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9.
The Contractor agrees that the Buyer can withhold final payment until
the Contractor submits to the Buyer proof of payment to all
subcontractors and supply vendors arranged by the Contractor and
that, until such proof is submitted, the Contractor agrees to waive any
right to file a lien for any monies claimed due from the Buyer against
the Buyer’s property.
10.
The Contractor agrees to clean up after the home improvement work is
done.
11.
The Contractor agrees that if any Contract is negotiated in Spanish,
the Contractor will provide to the Buyer a copy of the Contract and
three-day Notice of Cancellation Form in Spanish. The Contractor
agrees that if the Buyer spoke with the Contractor in a language other
than English, the Contract must be in English, as well as in the other
language.
12.
The Buyer is advised that he or she may file a complaint regarding the
Contractor’s performance or the job by calling 311 or going online to
13. The Contractor provided the Buyer with a separate document titled
“Consumer Bill of Rights on Contracting for Home Improvements”
when the Buyer first met with the Contractor. A copy of the Bill of
Rights is attached.
www.nyc.gov/consumers.
_________ ________ ________
Contractor Buyer Buyer
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[This form must be given separately to the consumer.]
NOTICE OF CANCELLATION FORM
___________________________
(Enter date of transaction.)
YOU MAY CANCEL THIS TRANSACTION WITHOUT ANY PENALTY OR
OBLIGATION WITHIN THREE (3) 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
INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN 10
BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR
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 A CONDITION AS
WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS
CONTRACT OR SALE; OR YOU MAY, IF YOU WISH, COMPLY WITH 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 20 DAYS OF THE DATE OF
YOUR NOTICE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE 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 TO [Insert Name of Seller] AT [Insert Address of
Seller’s Place of Business] NOT LATER THAN MIDNIGHT OF
____________.
Date
I HEREBY CANCEL THIS TRANSACTION.
_____________________ ____________________________________
Date Buyer’s Signature
_________ ________ ________
Contractor Buyer Buyer
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CONSUMER BILL OF RIGHTS ON CONTRACTING
FOR HOME IMPROVEMENTS
•
Home Improvement Contractors are required to be
licensed by the New York City Department of Consumer
Affairs (DCA).
•
ALWAYS ask to see a copy of a Home Improvement
Contractor’s or Salesperson’s license issued by DCA.
•
BEFORE YOU SIGN A CONTRACT, call 311 or visit
www.nyc.gov/consumers to verify that a Contractor’s
license is currently valid, to access the Laws of the City
of New York to learn about the responsibilities of Home
Improvement Contractors, and to obtain the Home
Improvement Consumer Guide.
•
A Contractor MUST give you a detailed written
description of the work to be done and materials to be
used, and a written itemized estimate of the cost of the
work to be done BEFORE you sign a Contract. A
Contractor may charge a reasonable fee for an estimate,
but the Contractor MUST tell you how much the estimate
will cost BEFORE providing it to you.
•
A Home Improvement Contract MUST be in writing and
describe the home improvements to which you agreed.
The written contract must be legible and in plain English.
If you spoke with the Contractor in a language other
than English, the Contract must be in English, as well as
in the other language spoken. Contracts negotiated in
Spanish must be in Spanish.
•
The written Contract must include the following:
o
The Contractor’s name as it appears on the license,
license number, address, and telephone number.
Jonathan Mintz
Commissioner
Dial 311
(212-NEW-YORK)
nyc.gov/consumers
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Contractor Buyer Buyer
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o
The date the contract is signed.
o
The approximate starting and completion dates for
the work, as well as any reasons the completion date
could change. You have the right to insist that the
Contract entitle you to cancel for a full refund if the
Contractor fails to start the work within an agreed-
upon number of days after the stated commencement
date.
o
A specific description of the work to be done; the
materials to be used, including brands, model
numbers, and other identifying information; and the
price of each.
o
A listing of all advertised representations made by
the Contractor, including, but not limited to, any
guarantees or warranties.
o
A payment schedule. If both parties agree to a
schedule of progress payments, each advance
payment must bear a “reasonable relationship” to the
work performed, and each scheduled payment must
identify and describe the work to be done, materials
purchased, or other project-related costs that such
payment covers. Your Contractor must deposit
progress payments into an escrow account.
o
Each scheduled payment should not be more than $15,000 or
20% of the total amount of the Contract, whichever is the
LOWER AMOUNT, and the next payment must not be made
until AFTER the work covered by the previous payment has
been completed.
o
A right to cancellation clause in the Contract provided
as a separate form which says essentially:
YOU HAVE A RIGHT TO CANCEL your Contract
until midnight of the third business day after you sign
the Contract. If you wish to cancel, you must do so in
writing. Your Contractor must refund all payments
made and cancel and return any Contract or other
negotiable documents you may have signed.
