The Massachusetts Sample Form is a contract template designed for home improvement projects. It meets the basic requirements set by the state's Home Improvement Contractor Law. Homeowners should review this form carefully and consider seeking legal advice before signing.
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The Massachusetts Sample Form for Home Improvement Contracts serves as a crucial tool for homeowners and contractors alike, ensuring that both parties understand their rights and obligations under the state's Home Improvement Contractor Law. This form encompasses essential elements, including detailed homeowner and contractor information, a clear description of the work to be performed, and the total contract price along with a payment schedule. It emphasizes the importance of obtaining necessary permits, outlines the contractor's responsibilities, and specifies the rights of homeowners, including the ability to cancel the contract within three business days. Homeowners are advised to verify the contractor's registration and insurance coverage, as well as to read the provided consumer guide before entering into any agreements. The form also addresses warranty provisions and the option for arbitration in case of disputes, further protecting the interests of homeowners. Overall, this sample contract aims to promote transparency and accountability in home improvement projects across Massachusetts.
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:
Filling out the Massachusetts Sample form is an important step in your home improvement project. This form lays out the details of the agreement between you and your contractor, ensuring that both parties understand their responsibilities. It’s essential to fill it out completely and accurately to avoid any misunderstandings later.
The Massachusetts Home Improvement Sample Contract is a standardized form that meets the basic requirements of the state's Home Improvement Contractor Law (MGL chapter 142A). It outlines the responsibilities of both the homeowner and the contractor, including details about the work to be performed, payment schedules, and required permits. However, it does not include specific language aimed at protecting homeowners, so seeking legal advice is recommended.
You can obtain a free copy of "A Massachusetts Consumer Guide to Home Improvement" by calling the Office of Consumer Affairs and Business Regulation's Consumer Information Hotline at 617-973-8787 or 1-888-283-3757. This guide provides valuable information for homeowners planning improvements on their residences.
If you wish to cancel the contract, you have the right to do so without penalty within three business days from the signing date. To cancel, you must notify the contractor in writing, either by mail or in person. Ensure your cancellation notice includes your signature and the date. If you have received any goods under the contract, you must make them available for pickup or follow the seller's instructions for their return.
The contract specifies a total contract price and a payment schedule. Typically, payments are structured as follows:
It is important to note that the law prohibits contractors from demanding full payment until the work is completed to both parties' satisfaction.
Homeowners have several rights under the Home Improvement Contractor Law, including the right to:
It is crucial for homeowners to understand these rights to protect themselves during home improvement projects.
Before signing the contract, ensure that:
Taking these steps can help prevent misunderstandings and protect your rights as a homeowner.
Leaving blank spaces in the contract can lead to confusion or disputes later on. Ensure every section is filled out completely or marked as not applicable.
Failing to verify the contractor's registration can jeopardize your rights as a homeowner. Always check that the contractor is registered with the appropriate authorities.
Not obtaining a copy of the "Massachusetts Consumer Guide to Home Improvement" can leave you uninformed about your rights. This guide provides essential information for homeowners.
Ignoring the need for detailed descriptions of the work to be completed can lead to misunderstandings. Specify the type, brand, and grade of materials to avoid issues later.
Not understanding the payment schedule can create financial strain. Make sure you know when payments are due and what they entail.
Overlooking the importance of the express warranty can leave you unprotected. If the contractor offers a warranty, ensure all terms are attached to the contract.
Failing to ask for proof of insurance can expose you to risks. Always confirm that the contractor has adequate insurance coverage.
Not reviewing the cancellation policy can lead to unexpected obligations. Be aware of your rights to cancel the contract within three business days.
Neglecting to keep a copy of the signed contract can cause problems if disputes arise. Both parties should retain their own signed copy for reference.
When engaging in home improvement projects in Massachusetts, several important forms and documents accompany the Massachusetts Home Improvement Sample Contract. Each of these documents plays a crucial role in ensuring that both homeowners and contractors understand their rights and responsibilities. Below is a list of commonly used forms that you should be aware of.
Understanding these documents is essential for a successful home improvement project. Homeowners should ensure they have all necessary forms completed and reviewed before signing any contracts. This preparation can help avoid misunderstandings and protect your rights throughout the process.
The Massachusetts Home Improvement Sample Contract shares similarities with the Residential Construction Contract, which is commonly used in many states. Both documents outline the responsibilities of the contractor and the homeowner, detailing the scope of work, payment schedules, and timelines. Like the Massachusetts form, the Residential Construction Contract emphasizes the importance of permits and warranties, ensuring that homeowners are protected and informed about their rights. This contract also requires the contractor to be licensed and insured, mirroring the requirements found in Massachusetts law.
Another comparable document is the Home Renovation Agreement, often utilized for larger renovation projects. This agreement typically includes detailed descriptions of the work to be completed, similar to the Massachusetts form. It also specifies payment terms and conditions for changes in the project scope. Both documents aim to protect the homeowner by ensuring that contractors are accountable for their work and that homeowners understand their rights regarding cancellations and disputes.
The Contractor-Homeowner Agreement is yet another document that resembles the Massachusetts Sample form. This agreement serves to clarify the relationship between the contractor and the homeowner, detailing the expectations and obligations of both parties. Just like the Massachusetts form, it includes sections on payment schedules, project timelines, and the requirement for permits. This agreement often features a clause about warranties, ensuring that homeowners have recourse if the work does not meet agreed-upon standards.
Similar to the Massachusetts Sample form is the Remodeling Contract, which is specifically tailored for home improvement projects. This contract outlines the specific renovations to be performed, the materials to be used, and the overall costs involved. Like the Massachusetts form, it emphasizes the importance of permits and includes provisions for warranties. Homeowners can expect protections regarding payment schedules and rights to cancel, ensuring a clear understanding of the project from start to finish.
The Home Improvement Agreement is another document that shares characteristics with the Massachusetts Sample form. This agreement typically includes sections that define the work scope, payment terms, and timelines. It also addresses the contractor's responsibility for obtaining necessary permits, much like the Massachusetts form. Homeowners are encouraged to understand their rights and obligations under this agreement, ensuring transparency throughout the home improvement process.
Lastly, the Construction Services Agreement is a document that is often used in various construction projects. This agreement outlines the services to be provided, including timelines and payment schedules, similar to the Massachusetts Sample form. It highlights the need for proper licensing and insurance for contractors, ensuring that homeowners are protected. Both documents aim to establish clear communication and expectations between the contractor and the homeowner, promoting a successful project outcome.
When filling out the Massachusetts Sample form, it is important to follow certain guidelines to ensure accuracy and compliance with state laws. Here are four things to do and avoid:
Understanding the Massachusetts Home Improvement Sample Contract is essential for homeowners planning renovations. However, several misconceptions often arise regarding this document. Here are six common myths and the truths behind them:
This is not true. While the form meets basic legal requirements, it must be tailored to fit specific agreements between the homeowner and the contractor. Always ensure all details are filled out correctly before signing.
In reality, homeowners should take the time to read and comprehend every part of the contract. Rushing into a signature can lead to misunderstandings and potential disputes later.
This is false. Homeowners must verify that their contractor holds a valid Home Improvement Contractor Registration. It's crucial to confirm this before any work begins.
While homeowners do have the right to cancel within three business days, certain conditions apply. They must return any goods received in good condition or follow the seller's return instructions.
This is misleading. The contract outlines the agreed-upon price, but it does not guarantee that it is the lowest available. Homeowners should shop around and compare quotes before settling on a contractor.
This is incorrect. Homeowners retain their rights under the Home Improvement Contractor Law, even after signing the contract. These rights cannot be waived, ensuring protection against unfair practices.
The Massachusetts Sample Form is designed to comply with the state's Home Improvement Contractor Law, ensuring that both homeowners and contractors understand their rights and responsibilities.
Homeowners should obtain a copy of "A Massachusetts Consumer Guide to Home Improvement" before agreeing to any work. This guide can be requested for free from the Office of Consumer Affairs.
It is crucial to provide accurate homeowner and contractor information, including names, addresses, and contact numbers. This ensures proper communication and documentation throughout the project.
Homeowners must ensure that the contractor has a valid Home Improvement Contractor Registration. This registration confirms that the contractor is authorized to perform work in Massachusetts.
Before signing the contract, homeowners should carefully read all terms and ask questions about anything unclear. Rushing into a decision can lead to misunderstandings or unfavorable terms.
Any deposits or down-payments required should not exceed one-third of the total contract price or the actual cost of special ordered materials. This protects homeowners from excessive upfront costs.
The contract must be executed in duplicate, with one signed copy for the homeowner and another for the contractor. This ensures that both parties have a record of the agreement.
Homeowners have the right to cancel the contract within three business days if it was signed outside the contractor's normal place of business. Written notice must be provided to the contractor to exercise this right.
In case of disputes, homeowners have the right to initiate arbitration, providing an alternative to court action. Contractors can also agree to arbitration if both parties consent.