CT Home Improvement Contract Violation
A CT home improvement contract violation can result in civil as well as criminal problems for an uninformed contractor. There are two things that every home improvement contractor or builder in Connecticut should be aware of to avoid problems. Those problems are two-fold, namely civil liability and criminal fines. But it doesn’t end there, this can also result in their Connecticut home improvement contractor registration being revoked and not renewed when the annual renewal is required.
It is also a lot harder for a contractor to collect for work that has already been done when there is a pending CT home improvement contract violation that the Attorney General’s Office is reviewing. These matters get handled by the Connecticut Attorney General’s Office as a result of a complaint made by a homeowner to the Connecticut Department of Consumer Protection. It can be as a result of disagreement on price, shoddy workmanship, failure to complete a job or even the subjective view of a homeowner feeling that the work was not done properly, even though it was.
It is also a lot harder for a contractor to collect for work that has already been done when there is a pending CT home improvement contract violation that the Attorney General’s Office is reviewing. These matters get handled by the Connecticut Attorney General’s Office as a result of a complaint made by a homeowner to the Connecticut Department of Consumer Protection. It can be as a result of disagreement on price, shoddy workmanship, failure to complete a job or even the subjective view of a homeowner feeling that the work was not done properly, even though it was.
How to Avoid a CT Home Improvement Contract Violation
1. Get Registered. First, it is important to be registered under Chapter 400 of the Connecticut General Statutes (CGS) known as the Home Improvement Act. CGS Section 20-420 Registration, describes who must be registered. CGS Section 20-420a Procedure for Registration, outlines the steps you must take to get registered, but don’t forget you may also be required to be licensed. Certain trades, such as plumbers and electricians, require separate state licenses. CGS Section 20-421 Application for Registration describes the information required to submit the application for registration. Even if you did the job properly, that does not prevent a homeowner from filing a home improvement claim against you for failing to be registered.
2. Comply with the Law Regarding the CT Home Improvement Contract. There are numerous requirements to avoid a CT home improvement contract violation. Some requirements include a duplicate written notice of cancellation, as well as a verbal notice of cancellation to the homeowner, contractor’s registration number, beginning date and end date. Even if you did the job properly and were registered, that does not prevent a homeowner from filing a home improvement claim against you for failing to follow the contract rules required by the State of Connecticut.
3. Solicitation and Advertising. There are also specific rules regarding soliciting and advertising your services. For instance, if you use a salesperson to solicit customers that salesperson will have to be separately registered and obtain a salesperson’s certificate unless that individual is a partner, or officer or director of a corporation registered as a home improvement contractor.
2. Comply with the Law Regarding the CT Home Improvement Contract. There are numerous requirements to avoid a CT home improvement contract violation. Some requirements include a duplicate written notice of cancellation, as well as a verbal notice of cancellation to the homeowner, contractor’s registration number, beginning date and end date. Even if you did the job properly and were registered, that does not prevent a homeowner from filing a home improvement claim against you for failing to follow the contract rules required by the State of Connecticut.
3. Solicitation and Advertising. There are also specific rules regarding soliciting and advertising your services. For instance, if you use a salesperson to solicit customers that salesperson will have to be separately registered and obtain a salesperson’s certificate unless that individual is a partner, or officer or director of a corporation registered as a home improvement contractor.
Criminal Liabilities for a CT Home Improvement Contract Violation
CGS Sec. 42-141. Penalty. Violation made unfair or deceptive practice or act, provides, (a) Any person who violates any provision of this chapter 740, Home Solicitation Sales Act, shall be guilty of a class C misdemeanor. Any sale made in respect to which a commission, rebate or discount is offered in violation of the provisions of this chapter shall be voidable at the option of the buyer.
(b) Violation of any of the provisions of sections 42-135a, or 42-137 to 42-139, inclusive, or failure to honor any provisions of the notice of cancellation required by this chapter shall constitute an unfair or deceptive act or practice as defined by section 42-110b.
Most of Chapter 740, Home Solicitation Sales Act, deals with the cancellation rights of the homeowner. The contractor must have duplicates of the cancellation notice attached to the contract and also verbally tell the homeowner about the cancellation right at the time the contract is entered into by the parties.
Additionally, CGS Section 20-427 makes certain acts misdemeanors, which is all the more reason to avoid even a small CT home improvement contract violation. Some of the acts which can result in a misdemeanor charge are if a person (1) presents or attempts to present, as such person's own, the home improvement registration certificate of another, (2) knowingly gives false evidence of a material nature to the commissioner for the purpose of procuring a certificate, (3) represents himself or herself falsely as, or impersonates, a registered home improvement contractor or salesman, (4) uses or attempts to use a certificate which has expired or which has been suspended or revoked, (5) offers to make or makes any home improvement without having a current certificate of registration, (6) represents in any manner that such person's registration constitutes an endorsement of the quality of such person's workmanship or of such person's competency by the commissioner, (7) employs or allows any person to act as a salesman on such person's behalf unless such person is registered as a home improvement salesman, or (8) fails to refund the amount paid for a home improvement within ten days of a written request mailed or delivered to the contractor's last-known address, if no substantial portion of the contracted work has been performed at the time of the request and more than thirty days has elapsed since the starting date specified in the written contract, or more than thirty days has elapsed since the date of the contract if such contract does not specify a starting date.
(b) Violation of any of the provisions of sections 42-135a, or 42-137 to 42-139, inclusive, or failure to honor any provisions of the notice of cancellation required by this chapter shall constitute an unfair or deceptive act or practice as defined by section 42-110b.
Most of Chapter 740, Home Solicitation Sales Act, deals with the cancellation rights of the homeowner. The contractor must have duplicates of the cancellation notice attached to the contract and also verbally tell the homeowner about the cancellation right at the time the contract is entered into by the parties.
Additionally, CGS Section 20-427 makes certain acts misdemeanors, which is all the more reason to avoid even a small CT home improvement contract violation. Some of the acts which can result in a misdemeanor charge are if a person (1) presents or attempts to present, as such person's own, the home improvement registration certificate of another, (2) knowingly gives false evidence of a material nature to the commissioner for the purpose of procuring a certificate, (3) represents himself or herself falsely as, or impersonates, a registered home improvement contractor or salesman, (4) uses or attempts to use a certificate which has expired or which has been suspended or revoked, (5) offers to make or makes any home improvement without having a current certificate of registration, (6) represents in any manner that such person's registration constitutes an endorsement of the quality of such person's workmanship or of such person's competency by the commissioner, (7) employs or allows any person to act as a salesman on such person's behalf unless such person is registered as a home improvement salesman, or (8) fails to refund the amount paid for a home improvement within ten days of a written request mailed or delivered to the contractor's last-known address, if no substantial portion of the contracted work has been performed at the time of the request and more than thirty days has elapsed since the starting date specified in the written contract, or more than thirty days has elapsed since the date of the contract if such contract does not specify a starting date.
Enforcement Actions by the Connecticut Department of Consumer Protection
While the Connecticut Attorney General's office takes Connecticut Home Improvement Act violations seriously, it is important to get out ahead of the matter and be completely honest in resolving the matter as quickly as possible. Experienced legal counsel that has represented contractors before the Connecticut Attorney General’s office is important. It is also important to have an attorney review your current contract form to make sure it is in compliance and advise you on requirements for presenting a contract to a homeowner, advising the homeowner about their cancellation rights, reviewing your advertising and marketing to make sure you are listing your registration number and discussing how you are using salesmen in your organization to solicit work from homeowners.
It is of course a matter of degree and the more serious the violation the more costly it will be to resolve the situation. A CT home improvement contract violation that is of small monetary value will be dealt with differently than code violations, unfinished work and shoddy or inferior workmanship. It is possible in some situations to avoid criminal court and a misdemeanor charge if the contractor is open to working things out with the homeowner and getting into compliance as soon as possible. A small fine and some form of restitution is much easier to deal with in the long run, even if the contractor feels they did nothing wrong.
It is of course a matter of degree and the more serious the violation the more costly it will be to resolve the situation. A CT home improvement contract violation that is of small monetary value will be dealt with differently than code violations, unfinished work and shoddy or inferior workmanship. It is possible in some situations to avoid criminal court and a misdemeanor charge if the contractor is open to working things out with the homeowner and getting into compliance as soon as possible. A small fine and some form of restitution is much easier to deal with in the long run, even if the contractor feels they did nothing wrong.