Pennsylvania has adopted the Home Improvement Consumer Protection Act, PA SB 100 which is effective and enforceable on July 1, 2009. The Act provides for the regulation of home improvement contracts and for the registration of contractors; prohibits certain acts; and provides penalties for violations of the Act.

 

The Act applies to any person who owns and operates a home improvement business or who agrees to perform any home improvement. It also applies to subcontractors and independent contractors. “Home improvement” is defined by the Act as work performed on a private residence or in connection with land or a portion of land adjacent to a private residence. Examples of home improvements include but are not limited to the repair, replacement, remodeling, and demolition of a home, as well as work performed on driveways, swimming pools, garages, roofs, landscaping, fences, patios, and house painting. The Act does not apply to the construction of a new home. The Act applies to all contracts of $500 or greater.

 

Contractors must register with Pennsylvania’s Bureau of Consumer Protection in the Office of the Attorney General. An application must be filed with the Bureau and a fee of $50 must be paid. The registration must be renewed on a biennial basis. A registration number will be issued to each contractor and the registration number must appear on all advertisements, business cards, contracts, estimates, and proposals.

 

Written contracts of $500 or greater must be in writing. Among the requirements of the contract are the start and end date of the project, the contract price, and a detailed description of the work and materials. Change orders are required and must be in writing and signed by all parties. 

 

Failing to follow these requirements results in a violation of the Act, which will result in a void and unenforceable contract. In addition, a violation of this Act also results in a violation of the Unfair Trade Practices and Consumer Protection Law. A violation of the Consumer Protection Law results in treble damages.