Massachusetts Home Improvement Sample Contract

This form satisfies allbasic 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 617-973-8787 or 1-888-283-3757 or on our website.

Homeowner Information Contractor Information

__________________________________________________________________________________________________________________________________

City/Town State Zip Code Business Address (must include a street address)

__________________________________________________________________________________________________________________________________

Daytime Phone Evening Phone City/Town State Zip Code

__________________________________________________________________________________________________________________________________

Mailing Address (It different from above) Business Phone Federal Employer ID or S.S. Number

Required Permits - The following building permits are required Proposed Start and Completion Schedule - The following schedule will

and will be secured by the contractor as the homeowner's agent: be adhered to unless circumstances beyond the contractor's control arise

(Owners who secure their own permits will be

excluded from the Guaranty Fund provisions of

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 __________________________________________________________________

to meet the completion schedule.(**) $____________ to be paid for ___________________________________

NOTES:

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.

___________________________________________________________________________________________________________________

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.

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 foran explanation of this right.

Two identical copies of the contract must becompleted and signed. One copy should goto thehomeowner. The other copy should be kept by the contractor.

__________________________________________________ ___________________________________________________

Homeowner’s Signature Contractor’s Signature

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 isafforded 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 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

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 rescission 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