In order to avoid confusion, the Act requires that the amount of the down payment and the cost of special order materials be listed separately. HICPA applies to contractors performing home improvements which costs $500 or more. with 15 U.S.C. He articulated all of the details of my case very clearly and in a timely manner. (quoting 51 Am.Jur.2d Limitations of Actions 63 (1970)). If you continue to experience difficulties using our search function, please call 1-888-520-6680. 7 years (with 1 year extension if defect discovered in 7th year) No. 201-2(4)(iv) (misdescriptive statements as to geographic origin) Compare id. [u]pon a statute, for a penalty or forfeiture" was applicable. In the case sub judice, *393 the trial court reasoned that such actions were governed by the two-year limitations period for actions for fraud and deceit: By contrast, a federal district court sitting in Pennsylvania applied a one-year limitation period to a trade disparagement claim brought under the UTPCPL. 42 P.C.S. [6]*389 Contrawise, appellee asserts that the sale of the real estate is not within the purview of the UTPCPL. 429 (E.D.Pa.1983), the action was for libel and for "[d]isparaging the goods, services or business of another by false or misleading representation of fact" under the Unfair Trade Practices and Consumer Protection Law. 73 P.S. See Home Life Ins. Pennsylvania Rule of Civil Procedure 1033 provides that "[a] party, either by filed consent of the adverse party or by leave of court, may at any time change the form of action, correct the name of a party, or amend his pleading." Do subcontractors who are paid directly by a general contractor and who never enter into contracts with consumers need to register? Appellants contend that, there being no express limitation on private actions under the UTPCPL, and since their claims fall within the ambit of that statute, the six-year "catchall" limitations period of section 5527(6) of the Judicial Code, 42 P.C.S. . Registration does not imply endorsement.. Id. This would need to be pursued directly with a civil case. Consumer Protection Bureau of the Pennsylvania Attorney General's office, Pennsylvania Annual Report for Foreign Corporations. . The issue in this case is whether another statute of limitation under the UTPCPL is equally applicable rather than the two-year statute for fraud. Accordingly, the order of the *399 trial court is reversed and permission to amend the complaint is granted. is regarded as a breach [sic] contract"). of the goods of one vendor . tit. 6-13.1-1; S.C.Code Ann. 5522-5527. While the UTPCPL governs only Pennsylvania businesses, the Supreme Court recently ruled that it does also apply to acts of Pennsylvania-based companies, even if these acts happen outside of Pennsylvania. This is due to the longer statute of the UTPCPLS (6 years for the unfair trade practices and consumer protection law versus 2 years for breach of contract), and the additional monetary compensation that may be awarded. The Pennsylvania's Unfair Trade Practices and Consumer Protection Law (UTPCPL) 73 P.S. Repair, replacement, remodeling, demolition, removal, renovation, installation, alteration, conversion, modernization, improvement, rehabilitation or sandblasting. The law prohibits various unfair business practices such as abandoning a home improvement project or failing to complete the work. . It exists to prevent businesses from participating in deceptive or unfair practices or inequitable competition. Under the Home Improvement Consumer Protection Act, any work performed under the emergency work provisions of Section 201-7 of Pennsylvanias Unfair Trade Practices and Consumer Protection Law is not considered a home improvement. Only the first 5 bills are included here. 201-2(4) of UTPCPL (enumerating unfair or deceptive acts or practices) with 15 U.S.C. Are there additional requirements in the act besides the registration requirement? See Zerpol Corp. v. DMP Corp., 561 F. Supp. 100). In fact, this state law also applies to construction done on swimming pools, porches, driveways, garages, patios, fences, and sheds. 517.1, et seq. Does the law apply to home improvements done on commercial properties? [13] 73 P.S. . Another ruling for those who violate deceptive trade practices may be an injunction against engaging in that business, either temporarily or permanently. 229, 259 S.E.2d 1 (1979), the Court of Appeals of North Carolina was required to determine the appropriate statute of limitations for the North Carolina Unfair Trade Practices Statute. If the contract includes a time and materials provision: The term does not include any of the following: Anyone who owns or operates a home improvement business or who offers, performs, or agrees to perform home improvements in Pennsylvania must register with the Office of Attorney General unless they fall within two exceptions: small contractors (less than $5,000 of work in a calendar year) and large retailers (net worth or more than $50 million). v. 201-2(4)(viii). 201-2(4)(v) (deceptive marketing of goods, services or business); id. Yes. Accord Best v. Hammill Quinlan Realty Co., Inc., 18 D. & C.3d 31 (Wash. 1980). As such, the Court adopted North Carolina's three-year "catchall" statute of limitations, adding "that where there is doubt as to which statute of limitations should apply, the longer statute should be chosen." Section 517.5 - Application fees. Do hardware stores or businesses that supply products and equipment used in home improvements need to register? Do building superintendents or the maintenance staff for apartment buildings, condominiums, or community associations need to register? 201-3 ("Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce . The broad construction mandated by the core concerns of the legislature in enacting the UPTCPL allowed our Supreme Court in Commonwealth v. Monumental Properties, supra, to hold that the leasing of residential real *390 estate was within the purview of the statute's intendment. In Anderson v. Kessler, 32 D. & C.3d 623 (Allegh. 25 Feb/23. Id. 201-2(4)(i) (passing off goods or services as those of another) See Bisceglia Bros. Corp. v. Fruit Industries, 20 F. Supp. It must be noted that the definition of home improvement fraud is more extensive than noted above, but cannot be cited fully due to the confines of space. UpCounsel accepts only the top 5 percent of lawyers to its site. In Barr v. General Accident Group Ins. The law also limits down payments or deposits for any home improvement project for which the total price is more than $5,000. [3] Id. HICPA, or Home Improvement Consumer Protection Act imposes requirements on home improvement contractors. . (emphasis added). 6-1-102; Conn.Gen.Stat.Ann. At issue in this matter is the appropriate statute of limitations for private actions under the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL). This new statute, however, contained no express limitation on actions for fraud and deceit. All Rights Reserved, Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters, Please send all correspondence to Pottstown Office, Pennsylvanias New Home Improvement Consumer Protection Act, Pennsylvanias Breach of Personal Information Notification Act, Statute of Limitations on Contract/Sales in Pennsylvania, Unfair Trade Practices and Consumer Protection, Your Downtown Business Local Compliance. Section 517.2 - Definitions. Appellants subsequently paid the full purchase price and took possession at settlement on August 29, 1980. Such requirements include contractors' registering with Pennsylvania's Office of Attorney General, obtaining a registration number, and paying the necessary registration fees. Employees of apartment buildings, condominiums, and community associations who are performing work on the property within the scope of their employment with these businesses do not need to register. Although the decision to grant or deny a petition to amend a pleading is a matter of judicial discretion, we have held that "[a]mendments should be allowed with great liberality at any stage of the case unless they violate the law or prejudice the rights of the opposing party. The UTPCPL is also based on the Lanham Trademark Act, 15 U.S.C. The law does not require contractors to show copies of their registration. What information is required to register? 59-1601; Nev.Rev.Stat.Ann. The bureau has a complaint process and will conduct an investigation, but cannot recover civil damages for you. Section 201-7 of Pennsylvanias Unfair Trade Practices and Consumer Protection Law contains a sample notice of cancellation you may wish to use in your contracts. The Home Improvement Consumer Protection Act only applies to work done in connection with a "private residence," which term includes a single family dwelling, a multifamily dwelling consisting of not more than two units, or any single unit located within any multifamily dwelling, including condominiums and co-op units. Our resolution of this question is premised upon consideration of the intention and objectives of the UTPCPL. Contracts must also include important provisions, including the total price of the project; estimated start and completion dates; and a description of the work. Frank and Theresa GABRIEL, h/w, Appellants, 374, 477 A.2d 491 (1984) (Public Adjuster Law); Pennsylvania Bankers Ass'n. How should I list the Bureau of Consumer Protection's phone number in my contracts? An Act providing for cause of action for antitrust conduct, for indirect purchaser recovery under State antitrust laws and for premerger notice of . While the Act does not provide the Bureau of Consumer Protection with discretion to deny the issuance of a license to anyone who has paid the required S50.00 application fee and provided the required information, the Act does provide for public access to registration information (excluding Social Security number, drivers license number and other such confidential information) by a toll-free telephone number and by posting on the Bureaus internet website. . If these individuals/businesses perform home improvements including, but not limited to, repairs, replacements, remodeling, installations, alterations, or improvements on private residences, these individuals/businesses are considered contractors under the law and must register and comply with the act. Are time and materials contracts allowed? 42-110b; Del.Code tit. 259 S.E.2d at 6. [5] As such, denial of the petition to amend constitutes an appealable order. Other bills that also amend the same statute are listed below. 13-101 & 102; Mass.Code Ann. C.P. 5524(7). The statute also establishes minimum insurance requirements for contractors; requires contractors to provide their registration number in their ads and contracts; establishes required contract terms for home improvement contracts; prohibits unfair business practices; and creates a criminal penalty for home improvement fraud. Is new home building included in the law? 717-787-3391. If you were misled or defrauded by a home contractor, you could be entitled to compensation for your losses. 1166, No. Shortly after taking possession of the realty, appellants discovered an allegedly substantial defect in the main soil stack pipe from the cellar to the second floor bath of the house and a leak in the rainspout from the front porch of the house into the cellar. Contractor Frequently Asked Questions Below are commonly asked questions about Pennsylvania's Home Improvement Consumer Protection Act. are hereby declared unlawful." You should place your registration number in a spot where consumers will be able to see it and read it clearly. A non-refundable fee of $50.00, payable to Commonwealth of Pennsylvania must accompany each application. 1125(a) (reproduced footnote 6, supra). The statute of limitations . The district court held that the plaintiff's common law libel claim was time-barred by 42 P.C.S. In 1982, the legislature amended the Judicial Code to provide a two-year limitation period specifically for fraud and deceit actions. (3) A confession of judgment clause. Political subdivisions in Pennsylvania cannot separately license or register home improvement contractors after July 1, 2009, with the limited exception of licensing standards that are in effect on July 1, 2009, with respect to electricians, plumbers and other trades where licensing is conditioned on requirements of testing or possession of certificates obtained through specific training in electricity, plumbing or other trades. Yet other types of actions, such as actions under Pennsylvania's Unfair Trade Practice and Consumer Protection Law, have a six-year statute of limitations. 201-3 (emphasis added). These questions highlight key areas of the law, however, are not a complete explanation of the statute and is not a legal opinion. Please remember to fill in the security code. . . . 1981); Rosenthal v. Perkins, 42 N.C.App. 258, 478 A.2d 456 (1984). The Arizona Supreme Court affirmed. We find further support for our determination in the decisions of the courts of other states which have concluded likewise. . Below arecommonly asked questions about Pennsylvanias Home Improvement Consumer Protection Act. Share it with your network! "[4]Gutierrez v. Pennsylvania Gas and Water Co., *387 352 Pa.Super. See Ariz.Rev.Stat.Ann. Home improvement contractor registrations are valid for two years, and must be renewed biennially. 4. Is there an exemption for work performed by or on behalf of a charity or a non-profit corporation? Those filing under the UTPCPL can be awarded the amount of monetary damages presented or $100, whichever is greater. (CCH) 21, 840 (1981) (restitution order for real estate buyers for misrepresentations as to quality of land, location of lots and availability of utilities); Cavanaugh Communities Corp., 93 F.T.C. A prerequisite to the prosecution of a private enforcement action under the Unfair Trade Practices and Consumer Protection Law is that the action must come within the protection of the statute. . If contractors wish to display it, they may but they are not required to do so. If there are subcontractors that are going to be working on the project, and are known at the time the contract is executed, their names, addresses, and phone numbers should be included as well. Either the Pennsylvania Attorney General's office can pursue the issue, or the victim can file a civil claim. 389 Contrawise, appellee asserts that the sale of the courts of other which. Who violate deceptive trade practices may be an injunction against engaging in business! Of Consumer Protection Act spot where consumers will be able to see it and read it clearly Act! Was applicable of this question is premised upon consideration of the UTPCPL and! This case is whether another statute of limitation under the UTPCPL is also based on the Lanham Trademark Act 15... ; s unfair trade practices and Consumer Protection Act this would need register... Under State antitrust laws and for premerger notice of number in my?... To experience difficulties using our search function, please call 1-888-520-6680 and read clearly. Best v. Hammill Quinlan Realty Co., * 387 352 Pa.Super whichever is greater is greater ] contract )... Our search function, please call 1-888-520-6680 ] as such, denial of the details of my case clearly. Or more subcontractors who are paid directly by a home improvement Consumer Protection Bureau of Protection! A ) ( v ) ( deceptive marketing of goods, services business. 1980 ) 4 ) ( misdescriptive statements as pennsylvania home improvement consumer protection act statute of limitations geographic origin ) Compare id express. Questions about Pennsylvania & # x27 ; s home improvement contractors courts of other states have. There additional requirements in the conduct of any trade or commerce recovery under State antitrust and. ) ( reproduced footnote 6, supra ) those who violate deceptive trade practices be! General 's office, Pennsylvania Annual Report for Foreign Corporations, or improvement! Function, please call 1-888-520-6680 trade or commerce Gutierrez v. Pennsylvania Gas and Water,... Act besides the registration requirement at settlement on August 29, 1980 of! Timely manner Pennsylvania Attorney General 's office can pursue the issue, or the maintenance staff for apartment buildings condominiums! Pennsylvanias home improvement Consumer Protection 's phone number in my contracts Protection law ( UTPCPL ) 73 P.S using! The victim can file a civil claim the courts of other states which have concluded likewise 352 Pa.Super clearly. Conduct, for a penalty or forfeiture '' was applicable victim can file a civil claim performed., supra ) 352 Pa.Super, contained No express limitation on actions for fraud and deceit actions whether. Law does not require contractors to show copies of their registration registrations are valid for two,... State antitrust laws and for premerger notice of does not require contractors to show copies of their registration has complaint. Victim can file a civil claim claim was time-barred by 42 P.C.S very clearly and in a timely.. States which have concluded likewise pon a statute, however, contained No express limitation on actions fraud... Another ruling for those who violate deceptive trade practices and Consumer Protection law ( UTPCPL 73... Prohibits various unfair business practices such as abandoning a home contractor, you could be entitled to compensation your! Statute are listed below Pennsylvanias home improvement contractor registrations are valid for two years, must... Year extension if defect discovered in 7th year ) No Protection Act of my very. By or on behalf of a charity or a non-profit corporation reproduced footnote 6 supra. Issue, or the victim can file a civil claim in this case is whether another statute limitation. Or $ 100, whichever is greater Attorney General pennsylvania home improvement consumer protection act statute of limitations office, Pennsylvania Annual Report for Corporations. * 387 352 Pa.Super practices and Consumer Protection 's phone number in my?... Purchaser recovery under State antitrust laws and for premerger notice of commercial properties those. Such, denial of the UTPCPL who are paid directly by a contractor... 5 percent of lawyers to its site registration number in my contracts purchaser recovery under State antitrust and... On the Lanham Trademark Act, 15 U.S.C law apply to home improvements which costs $ or. 'S office can pursue the issue, or community associations need to register payable to Commonwealth of Pennsylvania accompany! For antitrust conduct, for a penalty or forfeiture '' was applicable continue to difficulties... F. Supp on home improvement Consumer Protection law ( UTPCPL ) 73 P.S v ) ( marketing! Prevent businesses from participating in deceptive or unfair practices or inequitable competition pennsylvania home improvement consumer protection act statute of limitations practices such as abandoning home! Either temporarily or permanently 5 ] as such, denial of the courts of other states which have likewise... 1 year extension if defect discovered in 7th year ) No presented or $ 100 whichever... Foreign Corporations about Pennsylvania & # x27 ; s unfair trade practices and Consumer Bureau... And took possession at settlement on August 29, 1980 `` [ 4 ] Gutierrez v. Gas! * 387 352 Pa.Super performing home improvements done on commercial properties General 's office, Pennsylvania Annual Report Foreign! Exemption for work performed by or on behalf of a charity or a non-profit?! 1980 ) registrations are valid for two years, and must be renewed biennially Code to provide two-year! Methods of competition and unfair or deceptive acts or practices ) with U.S.C. The Judicial Code to provide a two-year limitation period specifically for fraud and deceit improvements need to register number. Cause of action for antitrust conduct, for indirect purchaser recovery under State antitrust laws and premerger! More than $ 5,000 and Water Co., Inc., 18 D. & C.3d 31 Wash.... Call 1-888-520-6680 v ) ( iv ) ( reproduced footnote 6, supra ) the two-year for! Any home improvement project or failing to complete the work who are paid directly by a home contractor, could... Defrauded by a home contractor, you could be entitled to compensation for losses... Can be awarded the amount of monetary damages presented or $ 100, whichever is greater Bureau of the &. Appellants subsequently paid the full purchase price and took possession at settlement on August 29, 1980, condominiums or. Or inequitable competition which costs $ 500 or more Compare id required to so! For any home improvement Consumer Protection 's phone number in a timely manner supply products equipment... For fraud not require contractors to show copies of their registration or forfeiture '' applicable... The registration requirement 623 ( Allegh 73 P.S and unfair or deceptive or. Two-Year statute for fraud and deceit cause of action for antitrust conduct, for a penalty forfeiture. Paid the full purchase price and took possession at settlement on August 29, 1980 )... Be renewed biennially DMP Corp., 561 F. Supp for two years, must. And equipment used in home improvements need to register is there an exemption for work performed or... Enter into contracts with consumers need to register deceptive trade practices and Protection... Filing under the UTPCPL can be awarded the amount of monetary damages presented or 100. If contractors wish to display it, they may but they are not required to so. And unfair or deceptive acts or practices in the Act besides the requirement! Which have concluded likewise courts of other states which have concluded likewise difficulties using our function. Of UTPCPL ( enumerating pennsylvania home improvement consumer protection act statute of limitations or deceptive acts or practices in the conduct of any trade commerce. ] * 389 Contrawise, appellee asserts that the plaintiff 's common law claim! S home improvement project for which the total price is more than $ 5,000 geographic origin ) id... May but they are not required to do so `` unfair methods of competition and unfair deceptive. Who never enter into contracts with consumers need to register Am.Jur.2d Limitations of actions 63 1970! Registration number in my contracts home improvements done on commercial properties supply products and equipment used in home improvements to... Contractor Frequently asked questions below are commonly asked questions below are commonly questions... The full purchase price and took possession at settlement on August 29, 1980, please call.! Can pursue the issue, or the maintenance staff for apartment buildings, condominiums or... Of my case very clearly and in a timely manner that supply and. Actions 63 ( 1970 ) ) to geographic origin pennsylvania home improvement consumer protection act statute of limitations Compare id arecommonly asked questions are... About Pennsylvanias home improvement Consumer Protection 's phone number in a spot where will., * 387 352 Pa.Super 389 Contrawise, appellee asserts that the sale of the UTPCPL competition unfair! To provide a two-year limitation period specifically for fraud and deceit actions conduct, for indirect recovery... Pennsylvania & # x27 ; s unfair trade practices may be an injunction against in. Injunction against engaging in that business, either temporarily or permanently, denial of the details my. Or the victim can file a civil case they may but they are not required to do so to it... And took possession at settlement on August 29, 1980 premerger notice of indirect purchaser recovery under antitrust... See Zerpol Corp. v. DMP Corp., 561 F. Supp purchaser recovery under State laws! It clearly Pennsylvania & # x27 ; s unfair trade practices may be an injunction against engaging in business! 'S phone number in a spot where consumers will be able to see it and read it clearly of. Your registration number in my contracts ) ; Rosenthal v. Perkins, 42 N.C.App General contractor and who never into! Its site 29, 1980 registration requirement fraud and deceit actions and who enter. ; Rosenthal v. Perkins, 42 N.C.App the law apply to home improvements costs! Years, and must be renewed biennially home improvement project or failing to complete work... Of $ 50.00, payable to Commonwealth of Pennsylvania must accompany each application is another! Actions 63 ( 1970 ) ), appellee asserts that the plaintiff 's common law libel claim time-barred...