New Contract NOW AVAILABLE

By: Bryan W. Shook, Esquire

2132 Market Street

Camp Hill, Pennsylvania 17011

1-800-287-1202

BShook@dplglaw.com

January 28, 2013 – On February 2, 2009, Attorney, Bryan W. Shook, became the first known attorney in Pennsylvania to draft and federally copyright a construction contract that helps contractors comply with the many requirements set forth under the new Pennsylvania Home Improvement Consumer Protection Act which was signed into effect by Governor Ed Rendell on October 17, 2008.  The new contractor’s registration law took effect on July 1, 2009 and it carries serious criminal and civil penalties if it is not followed.   The State’s Attorney General’s Office has been taking the law seriously and has filed numerous civil and criminal actions against both large and small contractors alike.  Don’t get caught not being compliant with the law or you might lose all of the credibility in your field that you work so hard to attain.

Nearly three years ago, Attorney Bryan Shook spearheaded a statewide campaign to get contractors compliant and in an effort to developed a construction contract form for contractors to use.  This template has been used by hundreds of contractors, just like you, and is available for purchase by calling 1-800-287-1202.

Under the Pennsylvania Home Improvement Consumer Protection Act (PA HICPA) (effective July 1, 2009), for all home improvements in Pennsylvania with an actual cash value in excess of $500.00 the contractor will have to provide, to the homeowner, a formal written contract that meets the all of the requirements of the new consumer protection act (HICPA).  If your contract does not meet the requirements of the HICPA, the courts will view it as invalid and unenforceable.  This is very strong legal language.  In real world terms, if you want to make sure you are protecting yourself and your right to be paid for work completed, you will need to have a contract which complies with the HICPA.

As a licensed Pennsylvania Attorney and to facilitate your compliance, here’s what I’ve developed.

What I offer is a Microsoft Word® based computer file that is a contract form template that facilitates contractor’s compliance with the contractual requirements of the newly enacted Pennsylvania Home Improvement Consumer Protection Act (PA HICPA).  I drafted the contract template that I offer after reading the HICPA and realizing the burdens and responsibilities it places upon contractors with respect to compliance.  Upon reading the law, I immediately noticed a need for an easy to use contract template that would enable contractors to comply with the contractual requirements of the new law.

The contract form template that I developed is a clean sheet of paper contract template meaning that it’s not an old contract that I simply reworked to meet the requirements of the new law.  Instead, the document that I drafted was created, from scratch to facilitate contractors’ compliance with the newly enacted HICPA.  I sell the contract template for the flat fee of $175.00.  Upon purchase, the contract template will be emailed to you, usually within an hour of purchase.  Once you have the contract template you can save it onto your computer and use it for your business, as many times as you would like.

What’s included?

• Microsoft Word® based (97/2003 version so that it’s forward compatible with the latest versions) HICPA contract form template with all of your businesses information pre-printed on it;
• The statutorily required Three Business Day right of rescission;
• The statutorily required Notice of Cancelation;
• The telephone number and recommended language of the Pennsylvania Attorney General, Bureau of Consumer Protection
• An emergency work authorization form as required by the Pennsylvania Unfair and Deceptive Trade Practices Act
• The portion of the Pennsylvania Unfair and Deceptive Trade Practices Act that defines and emergency and emergency work that is referenced in the Pennsylvania Home Improvement Consumer Protection Act
• The direct support of me, Attorney Bryan W. Shook, as you start using the contract templates so that you can familiarize yourself with the document and have any questions answered and concerns addressed.  Remember, this is a document that I personally drafted, from scratch to facilitate your compliance, so it is my intention for this document to WORK FOR YOU, not against you.  If there is anything that you do not understand or require clarification, you can call me and ask me.  You will get an answer, not an “I don’t know.”  Remember, at all times you’ll be dealing with me, Bryan W. Shook, not a salesman or a non-attorney.

This is not a form that you could purchase at a store or any other online site.  As an attorney, I can not state enough times how important that it is to actually speak with the attorney who is drafting a form for your use.  Without this safeguard, how do you really know what you are getting?  Remember, what is good in Maryland may not be good in Pennsylvania and what was good in Pennsylvania, prior to July 1, 2009 is certainly not good today.

Please call me (Bryan W. Shook, Esquire) at 1-800-287-1202 or 717-975-9446.  I can also be reached by email at bshook@dplglaw.com.  For your convenience, I accept most major credit cards and, in most instances, can have the contract form template emailed to you the same day.

Don’t be left behind or find yourself not getting paid for jobs because your contract was invalid or you were not registered.

For more information on registering, please visit Http://www.attorneygeneral.gov.

Compliant Contract NOW AVAILABLE

By: Bryan W. Shook, Esquire

2132 Market Street

Camp Hill, Pennsylvania 17011

1-800-287-1202

BShook@dplglaw.com 

December 30, 2010 – It’s been nearly over a year and a half since the enactment of the Pennsylvania Home Improvement Consumer Protection Act (PA HICPA), Act 132 (Senate Bill 100 of 2007) and the Attorney General is starting to actively pursue civil cases against contractors for non compliance with the new law.

In late November, 2009, Attorney General Tom Corbett, started to actively enforce the new law by filing civil complaints in York and Dauphin counties against contractors who inter alia were not operating properly under the new law and did not use contracts that meet the requirements of the Pennsylvania Home Improvement Consumer Protection Act. 

The new law not only requires that all residential home improvement contractors register with the Pennsylvania Attorney General’s office, but it also mandates that all home improvement contractors must comply with the requirements of the new law.  Possibly the biggest requirement of the new law is the requirement that your home improvement contract for all jobs over $500.00 meet the very detailed specifications set forth in the new law.

If your contract does not meet the requirements of the HICPA, the courts will view it as invalid and unenforceable.  This is very strong legal language.  In real world terms, if you want to make sure you are protecting yourself and your right to be paid for work completed, you’ll need to have a contract which complies with the HICPA.

As a licensed Pennsylvania Attorney and to facilitate your compliance, here’s what I’ve developed.

What I offer is a Microsoft Word® based computer file that is a contract form template that facilitates contractor’s compliance with the contractual requirements of the newly enacted Pennsylvania Home Improvement Consumer Protection Act (PA HICPA).  I drafted the contract template that I offer after reading the HICPA and realizing the burdens and responsibilities it places upon contractors with respect to compliance.  Upon reading the law, I immediately noticed a need for an easy to use contract template that would enable contractors to comply with the contractual requirements of the new law.

The contract form template that I developed and federally copyrighted is a clean sheet of paper contract template meaning that it’s not an old contract that I simply reworked to meet the requirements of the new law.  Instead, the document that I drafted was created, from scratch to facilitate contractors’ compliance with the newly enacted HICPA. 

I sell the contract template for the flat fee of $175.00.  Upon purchase, the contract template will be emailed to you, usually within an hour of purchase.  Once you have the contract template you can save it onto your computer and use it for your business, as many times as you would like.

To order your easy to use, customized, fill in the blank, contract form template, please call my office now at 1-800-287-1202.  Payment can be made by credit card over the phone and usually I will be able to prepare and send you the contract form template within a few minutes.

As always, thank you for your support and to everyone whom I’ve helped, that you for the kind words, they are very much appreciated.

Remember, if you are still using an old contract that you were using prior to July 1, 2009 is most likely not appropriate to use today because of this new law.

Please call me (Bryan W. Shook, Esquire) at 1-800-287-1202 or 717-975-9446.  I can also be reached by email at bshook@dplglaw.com.

New Contract NOW AVAILABLE

By: Bryan W. Shook, Esquire

2132 Market Street

Camp Hill, Pennsylvania 17011

1-800-287-1202

BShook@dplglaw.com

July 9, 2009 – On February 2, 2009, Attorney, Bryan W. Shook, became the first known attorney in Pennsylvania to draft and federally copyright a construction contract that helps contractors comply with the many requirements set forth under the new Pennsylvania Home Improvement Consumer Protection Act which was signed into effect by Governor Ed Rendell on October 17, 2008.  The new contractor’s registration law took effect on July 1, 2009 and it carries serious criminal and civil penalties if it is not followed.

Attorney Bryan Shook has spearheaded a statewide campaign to get contractors compliant and in an effort to do so has developed a construction contract form for contractors to use.

Under the newly enacted, Pennsylvania Home Improvement Consumer Protection Act (PA HICPA) (effective July 1, 2009), for all home improvements in Pennsylvania with an actual cash value in excess of $500.00 the contractor will have to provide, to the homeowner, a formal written contract that meets the all of the requirements of the new consumer protection act (HICPA).  If your contract does not meet the requirements of the HICPA, the courts will view it as invalid and unenforceable.  This is very strong legal language.  In real world terms, if you want to make sure you are protecting yourself and your right to be paid for work completed, you’ll need to have a contract which complies with the HICPA.

As a licensed Pennsylvania Attorney and to facilitate your compliance, here’s what I’ve developed.

What I offer is a Microsoft Word® based computer file that is a contract form template that facilitates contractor’s compliance with the contractual requirements of the newly enacted Pennsylvania Home Improvement Consumer Protection Act (PA HICPA).  I drafted the contract template that I offer after reading the HICPA and realizing the burdens and responsibilities it places upon contractors with respect to compliance.  Upon reading the law, I immediately noticed a need for an easy to use contract template that would enable contractors to comply with the contractual requirements of the new law.

The contract form template that I developed is a clean sheet of paper contract template meaning that it’s not an old contract that I simply reworked to meet the requirements of the new law.  Instead, the document that I drafted was created, from scratch to facilitate contractors’ compliance with the newly enacted HICPA.  I sell the contract template for the flat fee of $175.00.  Upon purchase, the contract template will be emailed to you, usually within an hour of purchase.  Once you have the contract template you can save it onto your computer and use it for your business, as many times as you would like.

What’s included?

• Microsoft Word® based (97/2003 version so that it’s forward compatible with the latest versions) HICPA contract form template with all of your businesses information pre-printed on it;
• The statutorily required Three Business Day right of rescission;
• The statutorily required Notice of Cancelation;
• The telephone number and recommended language of the Pennsylvania Attorney General, Bureau of Consumer Protection
• An emergency work authorization form as required by the Pennsylvania Unfair and Deceptive Trade Practices Act
• The portion of the Pennsylvania Unfair and Deceptive Trade Practices Act that defines and emergency and emergency work that is referenced in the Pennsylvania Home Improvement Consumer Protection Act
• The direct support of me, Attorney Bryan W. Shook, as you start using the contract templates so that you can familiarize yourself with the document and have any questions answered and concerns addressed.  Remember, this is a document that I personally drafted, from scratch to facilitate your compliance, so it is my intention for this document to WORK FOR YOU, not against you.  If there is anything that you do not understand or require clarification, you can call me and ask me.  You will get an answer, not an “I don’t know.”  Remember, at all times you’ll be dealing with me, Bryan W. Shook, not a salesman or a non-attorney.

This is not a form that you could purchase at a store or any other online site.  As an attorney, I can not state enough times how important that it is to actually speak with the attorney who is drafting a form for your use.  Without this safeguard, how do you really know what you are getting?  Remember, what is good in Maryland may not be good in Pennsylvania and what was good in Pennsylvania, prior to July 1, 2009 is certainly not good today.

Please call me (Bryan W. Shook, Esquire) at 1-800-287-1202 or 717-975-9446.  I can also be reached by email at bshook@dplglaw.com.  For your convenience, I accept most major credit cards and, in most instances, can have the contract form template emailed to you the same day.

Don’t be left behind or find yourself not getting paid for jobs because your contract was invalid or you were not registered.

For more information on registering, please visit Http://www.attorneygeneral.gov.

New Contract NOW AVAILABLE

By: Bryan W. Shook, Esquire

2132 Market Street

Camp Hill, Pennsylvania 17011

1-800-287-1202

BShook@dplglaw.com 

February 2, 2009 – Attorney, Bryan W. Shook, became the first known attorney in Pennsylvania to draft and federally copyright a construction contract that helps contractors comply with the many requirements set forth under the new Pennsylvania Home Improvement Consumer Protection Act which was signed into effect by Governor Ed Rendell on October 17, 2008.  The new contractor’s registration law took effect on July 1, 2009 and it carries serious criminal and civil penalties if it is not followed.

Attorney Bryan Shook has spearheaded a statewide campaign to get contractors compliant and in an effort to do so has developed a construction contract form for contractors to use.  Attorney Shook’s contract comes in an easy to use Microsoft Word format that enables contractors to not only protect their interests, but also become compliant with the law.  The form can be used as many times as a contractor wishes and it can be adapted to fit the goals of the contractor as well as the homeowner. 

Using this form as a guideline will allow you to be better prepared for the July 1, 2009 transition to the new contractor’s registration law. 

Attorney Shook urges all contractors to contact him as soon as possible to obtain this form so that they can facilitate their compliance with the new law as soon as possible. 

What if I don’t comply with the new law?

·       Criminal Offense

·       Home Improvement Fraud

·       This is a real offense, which carries the very real risk of jail time.

·       Grading – It can be graded, depending on the circumstances as either a misdemeanor or up to a second degree felony.

§  Civil Penalties

·       Any violation of the Act by a home improvement contractor will also constitute a violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Law. As a result, consumers have the potential to recover treble damages (or three times the amount of the consumer’s actual damages) and attorneys’ fees from a contractor found to be in violation of the Act.

This means that regardless of the quality of work performed, a contractor could find himself liable for a violating the Act for failing to have a compliant agreement or otherwise failing to comply with the Act. Even a small violation could make a contractor liable under the Act. 

Who must be Registered?

·       Anyone who does the following: Repair, replacement, remodeling, demolition, removal, renovation, installation, alteration, conversion, modernization, improvement, rehabilitation or sandblasting. Construction, replacement, installation or improvement of driveways, swimming pools, pool houses, porches, garages, roofs, siding, insulation, solar energy systems, security systems, flooring, patios, fences, gazebos, sheds, cabanas, certain landscaping, painting, doors and windows and waterproofing. Installers of central heating or air conditioning or storm windows or awnings are also considered contractors and must register under the new law with the Attorney General’s office at www.attorneygeneral.gov.

This blog entry was written by Bryan W. Shook, Esquire.  Attorney Bryan Shook has thoroughly researched this new law and is available to make sure you and your colleagues become compliant BEFORE July 1, 2009.  Attorney Shook’s brand new Pennsylvania  construction contract form will facilitate your business’s complaince with the new law.

Attorney Shook can be reached by email at bshook@dcdlaw.net or by telephone at (717) 975-9446 or toll-free at -800-287-1202.

Don’t be left behind or find yourself not getting paid for jobs because your contract was invalid or you were not registered.

For more information on registering, please visit Http://www.attorneygeneral.gov.

By: Bryan W. Shook, Esquire

2132 Market Street

Camp Hill, Pennsylvania 17011

1-800-287-1202

BShook@dplglaw.com 

On October 17, 2008, Governor Ed Rendell, signed into law sweeping changes which will forever effect to the way contractors in Pennsylvania conduct business. 

Effective July 1, 2009 the following changes will occur:

·        Registration

·        Who must Register

o       Anyone who does the following: Repair, replacement, remodeling, demolition, removal, renovation, installation, alteration, conversion, modernization, improvement, rehabilitation or sandblasting. Construction, replacement, installation or improvement of driveways, swimming pools, pool houses, porches, garages, roofs, siding, insulation, solar energy systems, security systems, flooring, patios, fences, gazebos, sheds, cabanas, certain landscaping, painting, doors and windows and waterproofing. The installation of central heating or air conditioning or storm windows or awnings.

·        Who doesn’t need to register?

o       If you performed less than $5,000.00 of home improvements during the previous taxable year, you do not need to register, but it is suggested, by our office, that you should register if you anticipate performing more than this amount in the coming years.

o       New home builders and building suppliers that do not perform home improvements are exempt from this registration.

·        How do I become registered?

o       Visit http://www.attorneygeneral.gov to complete the online registration process.

·        How much does it cost to register?

o       Registration is $50.00 and you must renew your registration every two years.

·        Your contractor’s registration number must be used on all advertisements, contracts, estimates, proposals after July 1, 2009.

·        Biggest changes

·        Three Business Day right to rescission

o      Assuming no holidays intervene, here is how this works:

§         Contract signed Monday, the first day after the rescission period is Friday

§         Contract signed Tuesday, the first day after the rescission period is Saturday

§         Contract signed Wednesday, the first day after the rescission period is Tuesday

§         Contract signed Thursday, the first day after the rescission period is Wednesday

§         Contract signed Friday, the first day after the rescission period is  Thursday

§         Contracts signed on Saturday or Sunday, the first day after the rescission period is  Friday.

·        Liability Insurance

o       You must carry insurance covering personal injury in an amount not less than $50,000.00 and insurance covering property damaged in an amount not less than $50,000.00

·        Your Contracts

o       Historically, home improvement contracts in Pennsylvania have been enter into on the handshake principal with generally a short one or two page contract that follows.  This is forever changed.  For any job with an actual cash value of $500.00 or more, you will have to have a written contract that complies with the requirements of the Pennsylvania Home Improvement Consumer Protection Act.

o       Under the new law, any contract that does not meet the requirements of the law will be invalid and unenforceable against the owner.  In real-world terms, if you want paid you’ll need a new contract drawn up.

§         The new law requires that a contract include certain specific information such as:

§         The phone number of the Pennsylvania Bureau of Consumer Protection in the Office of the Attorney General

§         Scope of work including specifications

§         Notice of Right of Rescission

§         Start/Completion date

§         Change Order notice

§         Contractor’s registration number

§         Full address of Contractor (not just PO Box)

§         Notice of Insurance

·        Deposits/Down Payments

o       Under the new law, you will only be able to accept 1/3 of the total contract amount as a deposit/down payment if the total contract sales prices is $1000.00 or more.  This must be clearly outlined in your contract as well.

·        Arbitration Clause

o       If you wish to choose arbitration over court as your legal remedy or as part of your legal remedy should a claim under the contract be brought, the new law requires that the arbitration clause be set forth in a specific manner and requires certain specific language.

·        What if I don’t comply?

o       Criminal Offense

§         Home Improvement Fraud

§         This is a real offense, which carries the very real risk of jail time.

§         Grading – It can be graded, depending on the circumstances as either a misdemeanor or up to a second degree felony.

o       Civil Penalties

§         Any violation of the Act by a home improvement contractor will also constitute a violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Law. As a result, consumers have the potential to recover treble damages (or three times the amount of the consumer’s actual damages) and attorneys’ fees from a contractor found to be in violation of the Act.

§         This means that regardless of the quality of work performed, a contractor could find himself liable for a violating the Act for failing to have a compliant agreement. Even a small violation could make a contractor liable under the Act.

This primer on the new Contractor’s Law was written by Bryan W. Shook, Esquire.  Attorney Bryan Shook has thoroughly researched this new law and is available to make sure you and your colleagues are compliant with the new law.  On February 2, 2008, Attorney Shook became the first person, in Pennsylvania to copyright a contract that will help you to operate legally under the new law.

Attorney Shook can be reached by email at bshook@dplglaw.com or by telephone at (717) 975-9446 or toll-free at 1-800-287-1202.

Don’t be left behind or find yourself not getting paid for jobs because your contract was invalid or you did not register at www.attorneygeneral.gov.