Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 18.00 - REGISTRATION AND ENFORCEMENT OF HOME IMPROVEMENT CONTRACTOR PROGRAM › Section 18.05 - Residential Contracting Services Contracts

Current through Register 1525, July 5, 2024
(1)
Contract
			 in Writing
. Every agreement between a home improvement contractor and
			 an owner to perform residential contracting services in an amount in excess of
			 $1,000 shall be in writing.
(2)
Contents of Contract
.
(a)
Documents and Information
. Every agreement to perform
			 residential contracting services in excess of $1,000 shall include, but not be
			 limited to, the following documents and information:
1. the complete agreement between the owner and
			 the contractor and a clear description of any other documents which are or shall be
			 incorporated into said agreement;
2. the
			 full names, federal ID number if applicable, (exclusive of social security number),
			 address (exclusive of post office box addresses), the registration number of the
			 home improvement contractor, which must appear on the first page of the contract,
			 the name(s) of the salesperson(s), if any, who solicited or negotiated the contract
			 and the date when said contract was executed by the parties;
3. the date on which the work under the contract
			 is scheduled to begin and the date on which said work is scheduled to be
			 substantially completed;
4. a detailed
			 description of the work to be done and the materials to be used;
5. the total amount agreed to be paid for the work
			 to be performed under the contract;
6. a
			 time schedule of payments to be made under said contract and the amount of each
			 payment stated in dollars, including all finance charges, if any. Any deposit
			 required under the contract to be paid in advance of the commencement of work under
			 said contract shall not exceed the greater of a of the total contract price or the
			 actual cost of any material or equipment of a special order or custom made nature,
			 which must be ordered in advance of the commencement of the work, in order to assure
			 that the project will proceed on schedule. No final payment shall be demanded until
			 the contract is completed to the satisfaction of the parties thereto;
7. the signature of all parties shall be affixed
			 to the contract;
8. there shall be a
			 clear and conspicuous notice appearing in the contract stating:
a. that all home improvement contractors and
			 subcontractors shall be registered by the director and that any inquiries about a
			 contractor or subcontractor relating to a registration should be directed to:
Office of Consumer Affairs and Business Regulation Home Improvement
				Contractor Registration
10 Park Plaza, Room 5170
Boston, MA 02116
(617) 973-8700
b.
			 the owner's three-day cancellation rights under M.G.L. c. 93, § 48; M.G.L. c.
			 140D, § 10 or M.G.L. c. 255D, §§ 3 and 14, as may be
			 applicable.
c. all warranties and the
			 owner's rights under the provisions of
			 201 CMR 18.00 and M.G.L. c.
			 142A;
d. in ten point bold type or
			 larger, directly above the space provided for the signature, the following
			 statement:
DO NOT SIGN THIS CONTRACT IF THERE ARE ANY BLANK
				SPACES
e. whether any lien
			 or security interest is on the residence as a consequence of the
			 contract;
9. an enumeration of
			 such other matters upon which the owner and the contractor may lawfully agree;
			 provided, however that no such agreement may waive any rights conveyed to the owner
			 under the provisions of
			 201 CMR 18.00 and M.G.L. c. 142A;
			 and 10. any other provision otherwise required by the applicable laws of the
			 Commonwealth.