For many years in Connecticut general contractors have had to comply with Connecticut’s Home Improvement Act (C.G.S.§ 20-418 et seq) in which certain provisions needed to be incorporated into their contracts with consumers otherwise their contract could be deemed unenforceable and worse off, uncollectible in the event the customer fails to pay for the work after it is completed. The attorneys of Romano Parker & Associates have extensive knowledge in assisting their clients to navigate the often-complicated road of construction litigation. With a thorough understanding of the Home Improvement Act and its Connecticut case law, we have advised both consumers and contractors alike during disputes with great success.
For years, tradesmen, plumbers, electricians, and HVAC technicians have enjoyed an exemption to the Home Improvement Act, in the fact that they did not need to comply with these same contractual requirements to get paid on a job. In 2022, the Connecticut legislature closed that loophole with the passing of C.G.S. §20-338d which dictates that no contract to perform work is enforceable unless it contains:
- The signature of the owner and the contractor or business;
- The entire agreement between the owner and the contractor or business;
- The date of the transaction;
- The name and address of the contractor and the contractor’s license number or, in the case of a business, the name of the business owner, partner or limited liability member and the phone number and address of the business, partnership or limited liability company;
- The name and license number of any licensees performing the work; and
- A notice disclosing the owner’s cancellation rights.
The law carves out an exception for emergency work performed by the contractor but this is only available in limited circumstances and has its own requirements in order to meet this exception.
What this means is that contractors, previously exempt by statute, now have to have written/signed contracts on each job in order to collect on them. Should a contractor fail to provide a compliant contract to the customer prior to commencing work, they do so at their peril.
To avoid the headache of a non-compliant contract and/or the frustration of your inability to collect on a bill where the work was provided, we suggest that you schedule a consultation with one our experienced attorneys to review your existing contract for its compliance. If you are an electrician, plumber, or HVAC tech that does not have a standard contract at all, it is time to make an appointment, and we would be happy to get your business back on track from this perspective.
It is said that ignorance of the law is never a defense. If you or your company require assistance with your contract, now is the time to call and we are here to help.
