2023 New York Laws › GBS - General Business › Article 36-A - Home Improvement Contracts › 771 - Contract Provisions.

§ 771. Contract provisions. 1. Every home improvement contract subject
to  the provisions of this article, and all amendments thereto, shall be
evidenced by a writing and shall be signed by all  the  parties  to  the
contract. The writing shall contain the following:
(a) The  name,  address,  telephone  number  and  license  number,  if
applicable, of the contractor.
(b) The approximate dates, or estimated  dates,  when  the  work  will
begin  and  be  substantially  completed,  including  a statement of any
contingencies that would materially change the approximate or  estimated
completion  date. In addition to the estimated or approximate dates, the
contract shall also specify whether or not the contractor and the  owner
have determined a definite completion date to be of the essence.
(c)  A  description  of  the work to be performed, the materials to be
provided to the  owner,  including  make,  model  number  or  any  other
identifying  information, and the agreed upon consideration for the work
and materials.
(d) A notice to the owner purchasing the  home  improvement  that  the
contractor  or  subcontractor  who  performs  on  the  contract  or  the
materialman who provides home improvement goods or services and  is  not
paid  may  have  a claim against the owner which may be enforced against
the property in accordance with the  applicable  lien  laws.  Such  home
improvement  contract  shall  also  contain  the following notice to the
owner in clear and conspicuous bold face type:
"Any contractor,  subcontractor,  or  materialman  who  provides  home
improvement goods or services pursuant to your home improvement contract
and  who  is not paid may have a valid legal claim against your property
known as a mechanic's lien.  Any  mechanic's  lien  filed  against  your
property  may  be discharged. Payment of the agreed-upon price under the
home improvement contract prior to  filing  of  a  mechanic's  lien  may
invalidate such lien. The owner may contact an attorney to determine his
rights to discharge a mechanic's lien".
(e) A notice to the owner purchasing the home improvement that, except
as  otherwise  provided  in  paragraph (g) of this subdivision, the home
improvement contractor is  legally  required  to  deposit  all  payments
received  prior  to  completion  in  accordance with subdivision four of
section seventy-one-a of the lien law and that, in lieu of such deposit,
the home improvement contractor may post a bond, contract  of  indemnity
or  irrevocable  letter of credit with the owner guaranteeing the return
or proper application of such payments to the purposes of the contract.
(f) If the contract provides for one or more progress payments  to  be
paid  to the home improvement contractor by the owner before substantial
completion of the work, a schedule of such progress payments showing the
amount of each payment, as a sum in dollars and cents, and  specifically
identifying  the  state  of  completion  of  the  work or services to be
performed, including any materials  to  be  supplied  before  each  such
progress  payment is due. The amount of any such progress payments shall
bear a reasonable relationship to the amount of work  to  be  performed,
materials to be purchased, or expenses for which the contractor would be
obligated at the time of payment.
(g) If the contract provides that the home improvement contractor will
be  paid  on  a  specified  hourly  or time basis for work that has been
performed or charges for materials that have been supplied prior to  the
time that payment is due, such payments for such work or materials shall
not  be deemed to be progress payments for the purposes of paragraph (f)
of this subdivision, and shall  not  be  required  to  be  deposited  in
accordance with the provisions of paragraph (e) of this subdivision.
(h)  A notice to the owner that, in addition to any right otherwise to
revoke an offer, the owner may  cancel  the  home  improvement  contract

until  midnight  of  the  third  business day after the day on which the
owner has signed an agreement or offer  to  purchase  relating  to  such
contract.  Cancellation  occurs  when  written notice of cancellation is
given  to  the  home  improvement contractor. Notice of cancellation, if
given by mail, shall  be  deemed  given  when  deposited  in  a  mailbox
properly  addressed and postage prepaid. Notice of cancellation shall be
sufficient if it indicates the intention of the owner not to  be  bound.
Notwithstanding  the  foregoing,  this  paragraph  shall  not apply to a
transaction in which the owner has initiated the contact  and  the  home
improvement  is  needed  to meet a bona fide emergency of the owner, and
the owner furnishes the home  improvement  contractor  with  a  separate
dated   and   signed  personal  statement  in  the  owner's  handwriting
describing  the  situation  requiring  immediate  remedy  and  expressly
acknowledging  and  waiving  the  right  to  cancel the home improvement
contract within three business days. For the purposes of this  paragraph
the term "owner" shall mean an owner or any representative of an owner.
* (i) Before a contractor or subcontractor begins work on a home, such
writing  shall  disclose  to  the  homeowner the existence of a property
and/or  casualty  insurance  policy  that  covers  the  scope  of   such
contractor  or  subcontractor's  employment should an insurance claim be
filed resulting from losses arising from the work at such property. Such
disclosure shall also include the contact information of  the  insurance
company  providing  such property and/or casualty insurance, including a
phone number and address.
* NB Effective April 23, 2022
2. The writing shall be legible, in plain English,  and  shall  be  in
such  form  to  describe  clearly  any  other  document  which  is to be
incorporated into the contract. Before any work is done, the owner shall
be furnished a copy of the written agreement, signed by the  contractor.
The  writing  may also contain other matters agreed to by the parties to
the contract.