Section 16-808. HOME IMPROVEMENT CONTRACTS

 

808.1No home improvement contractor or salesman or other agent for the contractor shall accept any payment for home improvement work to be performed for a homeowner until after the understanding between the homeowner and the contractor, or the contractor's salesperson or other agent, with respect to the work, has been reduced to writing in accordance with the provisions of this section.

 

808.2The written understanding of the parties shall be incorporated in a written contract which shall be filled in and signed in at least triplicate, on a form which shall comply in all respects with this chapter, with all blank spaces filled in.

 

808.3The contract shall be signed by the homeowner and, as the case may be, either by the contractor, or by the salesperson or other agent for the contractor subject to the contractor's approval.

 

808.4The names and license number of all salespersons who participated in negotiating the contract shall be inserted in the contract, in the space provided for the purpose, and they shall be identified in the contract as the participating salespersons.

 

808.5If the form of contract at the time it is executed by the homeowner is not executed by the contractor, the homeowner shall, at the time of the homeowner's signing the contract, be furnished a copy of the document bearing both the homeowner's signature and the signature of a salesperson. Thereafter, upon the execution of the contract by the contractor, the homeowner shall be furnished a copy of the contract executed both by the homeowner and by the contractor.

 

808.6If the form of contract contains a provision that the contract shall not be binding until accepted by the contractor, the contractor shall within fifteen (15) days after the contract has been executed by the homeowner, unless a later date is agreed upon between the contractor and the homeowner in writing, give the homeowner written notice of acceptance or rejection.

 

808.7Notice of acceptance or rejection under § 808.6 shall be delivered to the homeowner either personally or by certified or registered mail.

 

808.8In case of rejection, any payment made by the homeowner shall returned to the homeowner with the notice of rejection.

 

808.9Each contract for home improvement work shall bear the name, address, and telephone number of the home improvement contractor and his home improvement contractor's license number.

 

808.10Each contract shall include a description of the terms of payment, the approximate date on which the work required by the contract is to start, and the approximate date on which the work will be completed, such starting and completion dates to be subject to change at the time the contract is accepted by the contractor and at no other time (except by written agreement between the homeowner and the contractor), with notice of any such change to be set forth in the written notice of acceptance of the contract furnished the homeowner by the contractor.

 

808.11A contract may include a provision to the effect that the contractor shall not be liable for delays due to unforeseeable causes beyond the control of and without the fault or negligence of the contractor, including acts of God or the public enemy or of the homeowner, fires, floods, strikes, freight embargoes, or unusually severe weather.

 

808.12A set of specifications shall be made part of the contract, either by inclusion in the contract or by being incorporated in the contract by reference, showing the work to be done and the materials to be used.

 

808.13There shall be no change in specifications without the written approval of the homeowner.

 

808.14No contractor or salesperson shall cause or permit any contract or other document relating to the performance of home improvement work to be signed by the homeowner before all blank spaces are filled in with easily legible writing and the contractor or salesperson has submitted to the owner the completed contract or other document and given the homeowner a reasonable opportunity to examine it.

 

808.15Each contract shall contain a notice satisfactory to the Director in bold type no smaller than ten (10) point stating in substance that the homeowner shall not sign the contract in blank and that the homeowner is entitled to a copy of the contract at the time he or she signs.

 

808.16If the homeowner has a prior existing unpaid account balance with the contractor which arose in the regular course of business and which is to be consolidated with the unpaid balance for the performance of home improvement work, then, as a separate transaction, the contractor may, within fifteen (15) days subsequent to the time the contract is signed by the homeowner, and not less than twenty-four (24) hours prior to commencing performance of the work, furnish the homeowner with a written statement setting forth the consolidated balance due the contractor and the terms of payment.