If you continue to experience difficulties using our search function, please call 1-888-520-6680. Thus, any violation of the Act is subject to the award of not just actual damages, but also, potentially, treble damages and attorneys fees. This includes victims of unfair or deceptive practices by insurance companies, car dealerships, or companies that had false advertising. A separate line item recording any down payments. Meanwhile, Pennsylvania home improvement contractors should consult with their legal counsel before July 1, 2009 to ensure that they are in compliance with the Act prior to its effective date. See 73 P.S. See Zerpol Corp. v. DMP Corp., 561 F. Supp. The Act also prohibits a home improvement contractor from changing the contractors name, address, liability insurance information or any other identifying information in a fraudulent or deceptive manner likely to cause confusion or misunderstanding without advising the owner in writing within ten days following any such change. Our attorneys at Wolf, Baldwin & Associates are able to answer your questions regarding these matters. You and your office staff are the "Creme de la Creme" of legal knowledge. [23] "When the words of a statute are clear and free from all ambiguity, the letter of it is not to be disregarded under the pretext of pursuing its spirit." Below arecommonly asked questions about Pennsylvanias Home Improvement Consumer Protection Act. (i) The contractor shall provide an initial cost estimate in writing to the owner before any performance of the home improvement commences. The contractor must provide proof of liability insurance covering personal injury in an amount not less than S50.000.00, and covering property damage caused by the work or the home improvement contractor in an amount not less than $50,000.00. (xvii) (miscellaneous fraudulent practices). Since section 201-9.2 of the UTPCPL provides for a civil action which is not subject to a limitations period, the Unfair Trade Practices and Consumer Protection Law is subject to the six-year "catchall" statute of limitations. You must include the abbreviation PAand the number assigned to you (example: PA123456). 201-2(4)(viii). Inexplicably, the legislature, in enacting the UTPCPL failed to include a statute of repose for either actions for damages or injunctive relief under section 201-9.2. A copy of that law can be found here. property, tangible or intangible, real, personal or mixed. Limitation periods range from six months . Cunningham Packing v. Congress Financial Corp., 792 F.2d 330 (3rd Cir. . Home Improvement Consumer Protection Act Page 3 Amended 7.07.11 & 10.22.14 (b) Public access to registration information.--The bureau shall maintain a toll-free C. Herbert O'HARA, Joseph F.X. Many attorneys that are filing suit for breach of contract or misrepresentation will also include charges under the Catchall clause in the UTPCPL. Anyone who has paid attention to the local newspapers over the past few years will recall the scandals and prosecutions of home improvement contractors gone bad of contracts not honored, and of unearned deposits not refunded. Section 517.3 - Registration of contractors. Most provisions of the Act also do not apply to home improvement retailers having a net worth of more than $50,000,000.00 or any employee of that retailer that does not perform home improvements, thus excluding from the scope of most of the Act entities such as Home Depot or Lowes when those entities do no more than sell home improvement materials. Please contact dedicated home contractor fraud attorney Louis S. Schwartz at CONSUMERLAWPA.com today to learn more about your legal options. Although it is not required by the law, you can more fully explain the meaning of the number to consumers in your advertisements and in contracts, by displaying the number as: Pennsylvania Home Improvement Contractor Registration Number: PA123456. 564, 568 (E.D.Pa. Act 2008 Pa. Legis. (CCH) 22, 226 (1985) (cease and desist order against real estate developer for misrepresenting actual land values); Las Animas Ranch, Inc., 3 Trade Reg.Rep. The Pennsylvania Home Improvement Consumer Protection Act provides Pennsylvania residents with a wide range of protections, many of which pertain to agreements between contractors and homeowners. Home improvement includes all of the following activities when they are done in connection with land or a portion of the land adjacent to a private residence or a building or a portion of the building which is used or designed to be used as a private residence for which the total cash price of all work agreed upon between the contractor and owner is more than $500: No, the construction of a new home is not considered a home improvement under the law. The language of section 5527(6) of the Judicial Code, however, is clear and unambiguous[23] as to what period of limitation shall apply in such instances: "Any civil action or proceeding which is neither subject to another limitation specified in this subchapter nor excluded from the application of a period of limitation [must be commenced within six years]." 1125(a) (reproduced footnote 6, supra). 598.440; N.H.Rev.Stat.Ann. The law also creates a criminal penalty for home improvement fraud, as defined by the statute. are hereby declared unlawful." 559 (1979) (consent order against realtor for nondisclosure of unavailability of sewage and water); Kaufman & Broad, Inc., 93 F.T.C. In Barr v. General Accident Group Ins. (2) A waiver of Federal, State or local health, life, safety or building code requirements. 100). Found in 47 USC 227, the Act prevents creditors and collection agencies from contacting consumers by phone using autodial and pre-recorded messages without the consumer's prior express consent. Do contractors need to show their registration to their customers or display the registration in their business? 517.1, et seq. In the case sub judice, *393 the trial court reasoned that such actions were governed by the two-year limitations period for actions for fraud and deceit: By contrast, a federal district court sitting in Pennsylvania applied a one-year limitation period to a trade disparagement claim brought under the UTPCPL. The Pennsylvania legislature in 1976 enacted a new, all-inclusive limitation of actions statute. The amendment added a definition of time and materials: Time and materials. A construction practice where the contractor and owner agree that the contractor will perform the home improvement and the owner will pay the contractor under the home improvement contract based on the actual cost of labor at a specified hourly rate and the actual costs of materials and use of equipment, plus an agreed upon percentage of the total actual costs or a fixed amount, over and above the actual costs, to cover the contractors fee and overhead costs reasonably incurred in the performance of the home improvement. Frank and Theresa GABRIEL, h/w, Appellants, Consumersare able to call this number to check whether a contractor is registered with the Office of Attorney General. Shortly after taking possession of the realty, appellants discovered an allegedly substantial defect in the main soil stack pipe from the cellar to the second floor bath of the house and a leak in the rainspout from the front porch of the house into the cellar. The UTPCPL supplements rather than supplants traditional common law remedies with per se liability for a variety of unfair trade practices.[8]. Creditors and credit Mixed Alaska Stat. These questionshighlight key areas of the law, however, are not a complete explanation of the statute and is not a legal opinion. ; 52-584 ; 52-584a. 2011 -2019.2 A powerful weapon; Used to protect consumers from "advertising, offering for sale, sale or distribution of any services and any property, tangible or intangible, real, 5524(7). Barr, supra, 520 A.2d at 490. See, e.g., Bolden v. Potamkin-Auerbach Chevrolet, Inc., 470 F. Supp. 7 years (with 1 year extension if defect discovered in 7th year) No. (A) The dollar value of the initial cost estimate for the services to be performed under the time and materials provision. "Trade" and "commerce" are defined by section 201-2(3) to include "the advertising, offering for sale, sale or distribution of any . Appellants argue the sale of real estate falls within the purpose of the UTPCPL. Once registered, you will get a certificate and an official Pennsylvania Home Improvement Contractor number. On or about June 19, 1980, appellants agreed to purchase the premises for the sum of $20,500.00. attorneygeneral.gov/resources/home-improvement-contractor-registration/contractor-frequently-asked-questions/, https://www.consumerlawpa.com/home-contractor-fraud/, "We would like to say beyond a normal thank you how much Bob and I appreciate what you have done for us in more than one legal situation. [1] In its view, appellants' amended cause of action was barred by Pennsylvania's two-year limitations period for fraud,[2] rather than the six-year "catchall" limitation period,[3] since it was the closest analogy for appellants' statutory claims. The amendment of appellants' complaint to include a claim for violation of the Unfair Trade Practices and Consumer Protection Law does plead a new cause of action, but also brings forth a consideration of another statute of limitations in addition to the two-year statute of limitation for common law fraud. At the very least, these contracts must include the following information: Home contractors who fail to comply with these rules can be held liable if their actions resulted in harm to a homeowner, so if you recently entered into an agreement with a contractor and believe that you were taken advantage of, you should call an experienced attorney who can explain your legal options. tit. 44-1521; Colo.Rev.Stat.Ann. Sign up for our free summaries and get the latest delivered directly to you. While it is likely take years for the courts to flesh out the details of the Act and interpret its many provisions, there can be no doubt that the Act will have broad consequences for both home improvement contractors and home owners. . The law establishes a mandatory registration program for contractors who offer or perform home improvements in Pennsylvania. 5, 213; Md.Com.Law Code Ann. 259 S.E.2d at 6. Hire the top business lawyers and save up to 60% on legal fees. The term home improvement also does not include the services of a an Agriculture Department-certified landscaper except to the extent that the services include any of the installations noted above. The law exempts from the registration requirements contractors who perform less than $5,000 worth of home improvements in a calendar year. The defendant in that case argued that the treble damages provision of the statute was analogous to a penalty and that therefore the one-year statute of limitations for "an action of proceeding . Do you need legal help with Pennsylvania unfair trade practices and consumer protection law? It exists to prevent businesses from participating in deceptive or unfair practices or inequitable competition. 6, 2511; Ga.Code Ann. The essence of appellants' assertions were that the existence of the defects constituted a breach of the agreement of sale and that appellee falsely represented the quality of the premises and failed to disclose the existence of the defects. . 93A, 1(b) & 9(1); Mich.Stat.Ann. Section 517.5 - Application fees. Yes. Is new home building included in the law? 5501 et seq. The issue in this case is whether another statute of limitation under the UTPCPL is equally applicable rather than the two-year statute for fraud. You need to enable JavaScript to run this app. In order to avoid confusion, the Act requires that the amount of the down payment and the cost of special order materials be listed separately. Yet other types of actions, such as actions under Pennsylvania's Unfair Trade Practice and Consumer Protection Law, have a six-year statute of limitations. In short, no home improvement contractor will be permitted to use any form of advertising or promotional material that does not allow the consumer to trace that contractor through a registration number to the Pennsylvania Bureau of Consumer Protection. Finding next that the purpose of the Unfair Trade Practices Statute were both remedial and penal, the Court emphasized: Id. 1984), it was held that "[i]f a leasehold of real estate is covered by the Consumer Protection Law, there is no reason why guarantees given in connection with the sale of real estate should not also be covered." 618 (E.D.Pa. In Anderson v. Kessler, 32 D. & C.3d 623 (Allegh. Contractor Frequently Asked Questions Below are commonly asked questions about Pennsylvania's Home Improvement Consumer Protection Act. [3] Id. If a contractor has an ad for their business on their vehicle, the ad must include their registration number. Does the law apply to out-of-state contractors? Click here to Register, Re-register, or Update, Send Drug and Child Predator Anonymous Tips, Community Drug Abuse Prevention Grant Program, ACRE Agriculture, Communities and Rural Environment, Pennsylvania State Coroners Education Board, Voters Rights in Effect at the Polling Places on Election Days. Does the law contain a "grandfather" clause for businesses that have been doing work for a long time or do they still need to register? The Act further provides that any violation of any of the provisions of the Act is deemed to be an Unfair Trade Practice under the Pennsylvania Unfair Trade Practices and Consumer Protection Law. (emphasis added). In 2008, the Pennsylvania Legislature passed the Home Improvement Consumer Protection Act. at 625. The Home Improvement Consumer Protection Act only applies to work done in connection with a "private residence," which term includes a single family dwelling, a multifamily dwelling consisting of not more than two units, or any single unit located within any multifamily dwelling, including condominiums and co-op units. Check or add your phone numbers to the Pennsylvania Do Not Call Registry. Employees of apartment buildings, condominiums, and community associations who are performing work on the property within the scope of their employment with these businesses do not need to register. v. Commonwealth, 58 Pa.Commw. ", "I could not let this opportunity pass without expressing my sincere thanks for representing me in court. Home improvement fraud is defined to include a number of related offenses, including the making of false or misleading statements to induce, encourage or solicit one to enter into a written or oral agreement for home improvement services, receiving advance payments for performing home improvement services and failing to perform or provide those services or materials when specified in the contract, with exceptions for force majeure or unforeseen labor strikes. The district court held that the plaintiff's common law libel claim was time-barred by 42 P.C.S. A description of the work to be performed; The approximate start and completion dates for the project; Any specifications that cannot be changed in the absence of a written change order that is signed by both parties; The total sales price due upon completion of the job; and. . with 15 U.S.C. 358-A:1, N.D.Cent.Code 51-15-01; Okla.Stat.Ann. 59.1-198; Wash. Rev.Code Ann. Co. v. Greenspan, 360 Pa. 542, 63 A.2d 72 (1949). The Act took effect on July 1, 2009. No sweeping changes in legal relationships were occasioned by the CPL, since prevention of deception and the exploitation of unfair advantage has always been an object of remedial legislation. [21] Until 1983, fraud actions were subject to a six-year statute of limitations. . This new statute, however, contained no express limitation on actions for fraud and deceit. [22] We are unable, therefore, to characterize all the multifarious claims that may be brought under the UTPCPL as "fraud" or "deceit." "[4]Gutierrez v. Pennsylvania Gas and Water Co., *387 352 Pa.Super. However, contractors must include their registration number in their advertisements, contracts, estimates and proposals. Please click here to contact us. If the contract includes a time and materials provision: Under the Home Improvement Consumer Protection Act, any work performed under the emergency work provisions of Section 201-7 of Pennsylvanias Unfair Trade Practices and Consumer Protection Law is not considered a home improvement. 445.902; Miss.Code Ann. 201-2(3) (emphasis added). 17.45; Va.Code Ann. 2725(a) (U.C.C. 253 (1979) (consent order against real estate developer for misrepresentations that homes were constructed free of defects and water drainage problems). 374, 477 A.2d 491 (1984) (Public Adjuster Law); Pennsylvania Bankers Ass'n. 3101, et seq. Want High Quality, Transparent, and Affordable Legal Services? (iii) (confusion caused by misleading tradenames). The Court resting its holding on several bases, including the modern and traditional conceptions of leasing, held: Id. This provision states: The following actions and proceedings must be commenced within two years: (7) Any other action or proceeding to recover damages for injury to person or property which is founded on negligent, intentional, or otherwise tortious conduct including deceit or fraud, except an action or proceeding subject to another limitation specified in this subchapter. After this time passes, you may contest any lawsuit filed by a medical creditor on the grounds the original debt is . 689 (1975); Lovett, State Deceptive Trade Practice Legislation, 46 Tulane L.Rev. Consumer Protection Bureau of the Pennsylvania Attorney General's office, Pennsylvania Annual Report for Foreign Corporations. [u]pon a statute, for a penalty or forfeiture" was applicable. The Tri-County Area is no stranger to home improvement contract scams. 73 P.S. 1051 et seq. 75-24-3; Mo.Ann.Stat. statute and other law Strong The statute does not contain any restrictions on class actions. See also Pennsylvania Retailers Ass'n. This law firm website and legal marketing are managed by MileMark Media. Pa.R. . The law allows for anyone who lost money or property due to businesses engaging in unjust practices to bring suit. [16] Id. 42 P.C.S. [6] The UTPCPL was designed to promote full disclosure of information to consumers and "to equalize market position and strength of the consumer vis-a-vis the seller." The statute of limitations for filing a lawsuit in Pennsylvania for unpaid unsecured debt is four years. 201-2(4) of UTPCPL (enumerating unfair or deceptive acts or practices) with 15 U.S.C. 5522-5527. The Home Improvement Consumer Protection Act (HICPA) was adopted by Pennsylvanias General Assembly in October, 2008, and signed by the Governor as Act 132 of 2008. C.P. On July 1, 2009, a new consumer protection law goes into effect. A home improvement contract can be voided by the homeowner if it fails to contain required terms, or if it contains prohibited terms. This action arose in connection with the purchase by appellants of the property from appellee. any home improvement without first registering with the bureau, as provided for in this act. 232, 237, 426 A.2d 712, 717 (1981); Commonwealth v. Kane, 33 Pa.Commw. 449, 257 S.E.2d 63 (1979); Sherrod v. Holzshuh, 274 Or. The text of the clause is written in all capital letters and in 12 point boldface type; The parties assent to be bound by the clause as evidenced by a dated signature; The provision states whether the decision of the arbitration is binding or can be appealed; and. . tit. 5522-5527. The law says that registration numbers must be included in all advertisements, contracts, estimates and proposals - how do I display my number? Although the decision to grant or deny a petition to amend a pleading is a matter of judicial discretion, we have held that "[a]mendments should be allowed with great liberality at any stage of the case unless they violate the law or prejudice the rights of the opposing party. If these individuals/businesses perform home improvements including, but not limited to, repairs, replacements, remodeling, installations, alterations, or improvements on private residences, these individuals/businesses are considered contractors under the law and must register and comply with the act. The law prohibits various unfair business practices such as abandoning a home improvement project or failing to complete the work. Where should I put my registration number in my advertisements and contracts? Residential real estate is almost always a consumer's largest single purchase. HICPA was enacted to regulate home improvement contracts and to prohibit certain acts in the home improvement industry. However if an employees perform home improvements on private residential properties on their own, outside the scope of their employment, and that works totals $5,000 or more in a calendar year, then the employee must register as a contractor. You should place your registration number in a spot where consumers will be able to see it and read it clearly. Registration Requirement As we previously noted, the Unfair Trade Practices and Consumer Protection Law embraces actionable conduct which sounds in assumpsit as well as trespass and which parallel actions upon contracts as well as those arising in tort. This section provides: Any civil action or proceeding which is neither subject to another limitation specified in this subchapter nor excluded from the application of a period of limitation by section 5531 (relating to no limitation) must be commenced within six years. Thank you Lou! . How should I list the Bureau of Consumer Protection's phone number in my contracts? Pennsylvania Rule of Civil Procedure 1033 provides that "[a] party, either by filed consent of the adverse party or by leave of court, may at any time change the form of action, correct the name of a party, or amend his pleading." . When the home improvement contractor registers with the Bureau of Consumer Protection the contractor is assigned a registration number. These prohibited acts include the failure to refund the amount paid for home improvements within ten days after demand if no substantial portion of the contract work has been performed at the time of the request, and if more than forty-five days have elapsed since the starting date specified in the written contract. 20, P.L. The plaintiffs in Murry brought suit against a mortgage lender and a subdivision developer for damages sustained as a result of defects in their newly constructed house. 334, 520 A.2d 485 (1987), we considered the appealability of an order denying amendment of a complaint: Id., 360 Pa.Superior Ct. at 344, 520 A.2d at 490. 5524(7) (two year limitation). 201-2(4)(viii). You need to enable JavaScript to run this app. After registering, a home improvement contractor registration certificate will be issued to the contractor. The bureau has a complaint process and will conduct an investigation, but cannot recover civil damages for you. In the case of Merv Swing Agency, Inc. v. Graham Co., 579 F. Supp. 5527(6) (emphasis added). 407.010; Mont.Rev.Code Ann. Further, the Act requires that any contract include a notice of the owners right to rescind the contract without penalty within three business days of the date of signing, regardless of where the contract was signed. Yes: HICPA was amended on October 22, 2014, to allow contractors to offer time and materials contracts to Pennsylvania consumers, provided the contractor: Informs the consumer in writing that the time and materials contract will not exceed 10% above an initial cost estimate agreed to by the homeowner; and. N.C.Gen.Stat. E.g., Southwest Sunsites, Inc., 3 Trade Reg.Rep. All rights reserved. Co., 360 Pa.Super. In addition, the Act at Section 517.7 requires that in order for a home improvement contract to be valid and enforceable against the owner of residential real estate, that contract must be in the form of a signed writing bearing the contractors registration number. Corp. v. Commonwealth, 44 Pa.Commw. four-year limitation). Pennsylvania law allows third party collection agencies and original creditors to file a lawsuit for unpaid medical bills. 517.1 et. There are a number of federal laws in place that aim to protect homeowners from unscrupulous contractors. The statute of limitations may be held in abeyance or tolled by the incapacity of one of the parties. The first major restriction of the Act is set out at Section 517.3, which provides that no person shall hold themself out as a contractor, nor shall a person perform any home improvement without first registering with the Bureau of Consumer Protection of the Office of the Pennsylvania Attorney General. Section 517.7 - Home improvement contracts. 586 (E.D.Pa. The Pennsylvania legislature in 1976 enacted a new, all-inclusive limitation of actions statute. Id. This is due to the longer statute of the UTPCPLS (6 years for the unfair trade practices and consumer protection law versus 2 years for breach of contract), and the additional monetary compensation that may be awarded. It exists to prevent businesses from participating in deceptive or unfair practices or inequitable competition. Additionally, the Court was mindful of the consequences of a contrary interpretation as well as the intent of the legislature: Id., 459 Pa. at 474, 478, 329 A.2d at 824, 826. Box 444Pottstown, PA 19464 Pottstown Law Office Map, 13 W. Miner StreetWest Chester, PA 19382Maps & Directions, 606 Court Street., Suite 203Reading, PA 19601Maps & Directions, 570 Main StreetPennsburg, PA 18073Maps & Directions, 2023 Wolf, Baldwin & Associates, P.C. 724 (1972). . The Pennsylvania Home Improvement Consumer Protection Act There are a number of federal laws in place that aim to protect homeowners from unscrupulous contractors. *384 Joseph C. Cascarelli, Philadelphia, for appellants. ch. For cases applying these statutes to real estate transactions, see, e.g., Klotz v. Underwood, 563 F. Supp. If a home improvement contract contains any of the following clauses, the home improvement contract shall be voidable by the owner: (1) A hold harmless clause. While the Act does not provide the Bureau of Consumer Protection with discretion to deny the issuance of a license to anyone who has paid the required S50.00 application fee and provided the required information, the Act does provide for public access to registration information (excluding Social Security number, drivers license number and other such confidential information) by a toll-free telephone number and by posting on the Bureaus internet website. In determining what limitations period governed fraud claims that accrued after 1978 but before 1983, the court in A.J. 717-787-3391. 52-576 et seq. This site is protected by reCAPTCHA and the Google. Furthermore, these written agreements must contain the entirety of the agreement reached by the homeowner and the contractor in question. We agree for the reasons that follow. Does the Home Improvement Consumer Protection Act affect the licensing or registration of home improvement contractors by counties, cities or towns? 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