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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 17. BUSINESS, OCCUPATIONS, AND PROFESSIONALS |
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Chapter 17-39. GENERAL CONTRACTOR/CONSTRUCTION MANAGER |
Section 17-3905. CONTRACTS
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3905.1A licensee shall print his or her license number legibly on the front page of every estimate, contract, and subcontract.
3905.2 No licensee, or any agent for the licensee, shall accept any payment for general contracting or construction management work to be performed for a property owner until after the understanding between the property owner and the licensee, or the licensee’s agent, with respect to the work, has been reduced to writing in accordance with the provisions of this section.
3905.3 The contract shall be signed by the property owner and, as the case may be, either by the licensee, or other agent for the licensee subject to the licensee’s approval.
3905.4 If the contract contains a provision that the contract shall not be binding until accepted by the licensee, the licensee shall within fifteen (15) days after the contract has been executed by the property owner, unless a later date is agreed upon between the licensee and the property owner, in writing, give the property owner written notice of acceptance or rejection.
3905.5 Notice of acceptance or rejection under § 3905.4 shall be delivered to the property owner personally, by first class mail, or by electronic mail.
3905.6 In case of rejection, any payment made by the property owner for any services that have not been rendered by the licensee shall be returned to the property owner with the notice of rejection.
3905.7 Each contract for general contracting or construction management work shall bear the licensee’s name, address, telephone number, and license number.
3905.8 Each 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 licensee and at no other time (except by written agreement between the property owner and the licensee), with notice of any such change to be set forth in the written notice of acceptance of the contract furnished to the property owner by the licensee.
3905.9 A contract may include a provision to the effect that the licensee shall not be liable for delays due to unforeseeable causes beyond the control of and without the fault or negligence of the licensee, including acts of God, or the public enemy, or of the property owner, fires, floods, strikes, freight embargoes, or unusually severe weather.
3905.10A 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.
3905.11 There shall be no change in specifications without the written approval of the property owner.
3905.12 No licensee shall cause or permit any contract or other document relating to the performance of general contracting or construction management work to be signed by the property owner before all blank spaces are filled in with easily legible writing and the licensee has submitted to the property owner the completed contract or other document and given the property owner a reasonable opportunity to examine it.
3905.13 Each contract shall contain a notice in bold type no smaller than ten (10) point stating in substance that the property owner shall not sign the contract in blank and that the property owner is entitled to a copy of the contract at the time he or she signs.
3905.14 If the property owner has a prior existing unpaid account balance with the licensee which arose in the regular course of business and which is to be consolidated with the unpaid balance for the performance of general contracting or construction management work, then, as a separate transaction, the licensee may, within fifteen (15) days subsequent to the time the contract is signed by the property owner and not less than twenty-four (24) hours prior to commencing performance of the work, furnish the property owner with a written statement setting forth the consolidated balance due the licensee and the terms of payment.