Other bills that also amend the same statute are listed below. 335 (E.D.Tenn. 1 P.C.S. [22] See supra notes 10-17 and accompanying text. ch. [17] Consequently, the use of the standard employed by the trial court in the case at bar to select a limitations period threatens a multiplicity of potentially applicable statutes of repose for UTPCPL actions. 327, 546 P.2d 470 (1976). These questions highlight key areas of the law, however, are not a complete explanation of the statute and is not a legal opinion. . The act also requires all contracts for home improvements of more than $500 to be in writing and be signed by the consumer and the contractor. 407.010; Mont.Rev.Code Ann. Section 517.5 - Application fees. 40-12-102. The UTPCPL supplements rather than supplants traditional common law remedies with per se liability for a variety of unfair trade practices.[8]. Act of March 27, 1713, 1 Sm.L. If the contract includes a time and materials provision: 42 P.C.S. We believe that this result is directly attributable to the sui generis nature of the Unfair Trade Practices and Consumer Protection Law since the statute encompasses an array of practices which might be analogized to passing off,[10] misappropriation,[11] trademark infringement,[12] disparagement,[13] false advertising,[14] fraud,[15] breach of contract,[16] and breach of warranty. Pennsylvania law allows third party collection agencies and original creditors to file a lawsuit for unpaid medical bills. 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 . If the vehicle does not have advertising promoting the business, then the contractor is not required to display their registration number on the vehicle. The Act, located at 73 Pa.C.S. 689 (1975); Lovett, State Deceptive Trade Practice Legislation, 46 Tulane L.Rev. We are experienced in handling a variety of Consumer Protection cases. For instance, under this state law, only agreements that are in writing are considered legally enforceable. In addition, the Act at Section 517.7 requires that in order for a home improvement contract to be valid and enforceable against the owner of residential real estate, that contract must be in the form of a signed writing bearing the contractors registration number. The law does not grandfather existing businesses. ." The law also creates a criminal penalty for home improvement fraud, as defined by the statute. 1941) (common law trademarks). HICPA was enacted to regulate home improvement contracts and to prohibit certain acts in the home improvement industry. Yes: HICPA was amended on October 22, 2014, to allow contractors to offer time and materials contracts to Pennsylvania consumers, provided the contractor: Informs the consumer in writing that the time and materials contract will not exceed 10% above an initial cost estimate agreed to by the homeowner; and. 564, 568 (E.D.Pa. 586 (E.D.Pa. Seeking to amend their complaint to include an action under the Consumer Fraud Act in addition to their common law fraud claim, the plaintiffs argued that Arizona's three-year statute of limitations for fraud should apply. However, if you do more than $5,000 worth of 'home improvement' work per year, you must register with the Attorney General's Office. In 1982, the legislature amended the Judicial Code to provide a two-year limitation period specifically for fraud and deceit actions. 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. The Arizona Supreme Court affirmed. For example: one of the parties to a simple loan transaction is sixteen years of age at the time that she loans fifty dollars to her friend who is nineteen. 59.1-198; Wash. Rev.Code Ann. [1] Appellants also filed on August 28, 1986 a writ of summons commencing a separate action pursuant to the Unfair Trade Practices and Consumer Protection Law so as to preserve their claim in the event their petition for leave to amend was denied. For cases applying these statutes to real estate transactions, see, e.g., Klotz v. Underwood, 563 F. Supp. Pennsylvania's statutes of limitation are actual statutes located at 42 Pa.C.S.A. In addition, section 1961 of the Pennsylvania Automobile Lemon Law, 73 P.S. The operative provision of the Unfair Trade Practices and Consumer Protection Law provides: "Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce . 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. Instead, the UTPCPL creates a civil action which is separate and distinct from appellants' other causes of action and for which the legislature provided no limitations period. The premises were previously owned by appellee. Contact and identifying information for the applicant, including information on any prior home improvement businesses operated by the applicant; For corporations and business entities, information on partners, officers, managers and other parties with an interest in the business; Information on other contractor licenses and registrations held by the applicant; A description of the applicants business; Background disclosures, including information on prior bankruptcies and criminal pleas or convictions; Insurance policy information showing at least $50,000 of personal injury liability coverage and $50,000 of property damage coverage (this is not related to contractor performance or quality of work); A signed and dated certification by the applicant; and. 1166, No. How is emergency work handled under the Home Improvement Consumer Protection Act? HICPA's protections also extend to more than a person's residence. He articulated all of the details of my case very clearly and in a timely manner. All contractors, including self-employed contractors and sole proprietorships, subcontractors and independent contractors, and corporations, partnerships and all other types of business entities must be registered, unless they fall into the two exemptions above. Pennsylvania Criminal Statute of Limitations What information is required to register? The Home Improvement Consumer Protection Act (HICPA) was adopted by Pennsylvanias General Assembly in October, 2008, and signed by the Governor as Act 132 of 2008. Get free summaries of new Supreme Court of Pennsylvania opinions delivered to your inbox! Plaintiffs would be uncertain as to which limitations period governed their UTPCPL claim until the court determined *395 whether their claim more closely resembled a tort action,[18] a contract action,[19] or an action under some other statute. For instance, it is not uncommon for contractors to include clauses that mandate arbitration in the event of a dispute. Do contractors need to display their registration number on their vehicles? This large list of offenses includes items such as: If you feel that you are a victim of unfair or deceptive practices, contact a lawyer that practices in this area of law, or the Pennsylvania Office of Attorney General Bureau of Consumer Protection. 17.45; Va.Code Ann. Are time and materials contracts allowed? All home improvement contractors must register, with the exception of those performing less than $5,000 of work in a calendar year and retailers with a net worth of $50 million. 800 East High StreetP.O. 53, 1978 Pa.Laws 202, 2). Short title This act shall be known and may be cited as the "Unfair Trade Practices and Consumer Protection Law." 201-2. Harrisburg, PA 17120 Unconvinced, the Court stated: Id. [6]*389 Contrawise, appellee asserts that the sale of the real estate is not within the purview of the UTPCPL. [10] 73 P.S. Although it is not required by the law, you can more fully explain the meaning of the number to consumers in your advertisements and in contracts, by displaying the number as: Pennsylvania Home Improvement Contractor Registration Number: PA123456. Pennsylvania unfair trade practices and consumer protection law (UTPCPL) is used to protect consumers and purchasers of household goods and services. HICPA applies to contractors performing home improvements which costs $500 or more. . 42 P.C.S. . The term home improvement is broadly defined to include most repair, replacement, remodeling, demolition, renovation, installation, alteration, conversion, modernization, improvement, rehabilitation and sandblasting work done in connection with land or a portion of land adjacent to a private residence, so long as the total cash price of all work agreed upon between the contractor and owner is more than $500.00. 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. 517.1 et. The statute of limitations . Landscapers whose work is limited to services performed under Pennsylvanias Plant Pest Act do not need to register. 20, P.L. 48-602; Ill.Stat.Ann. We suggest that you include the following language in your contracts, and display it prominently so your customers can review it: The official registration number of [contractor name] can be obtained from the Pennsylvania Office of Attorney Generals Bureau of Consumer Protection by calling toll-free within Pennsylvania 1-888-520-6680. Contracts must also include important provisions, including the total price of the project; estimated start and completion dates; and a description of the work. For a full discussion and comparison of state unfair competition statutes, see generally, Sibert, Enforcement of State Deceptive Trade Practice Statutes, 42 Tenn.L.Rev. Do contractors need to show their registration to their customers or display the registration in their business? The bureau has a complaint process and will conduct an investigation, but cannot recover civil damages for you. 45(a)(1). any home improvement without first registering with the bureau, as provided for in this act. [21] Even if we were to conclude that all actions brought pursuant to the UTPCPL sounded in deceit or fraud, what with appellants' additional claims under UTPCPL the six-year "catchall" limitation of section 5527(6) would be applicable. 6-13.1-1; S.C.Code Ann. 326, 1982 Pa.Laws 1409, 1440. :The Act applies to condominiums created after the Act's effective date (120 days from July 2, 1980). [3] Id. Pennsylvania's Home Improvement Consumer Protection Act ("HICPA" or the "Act") was enacted to protect consumers from the unfair trade practices and fraudulent activities of home improvement contractors. 232, 237, 426 A.2d 712, 717 (1981); Commonwealth v. Kane, 33 Pa.Commw. 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. Statute coverage a. 724 (1972). 5524(7). Richard J. Raab, Philadelphia, Fasey Real Estate, appellee. Finally, the Act sets forth a number of prohibited acts which, though not necessarily constituting crimes, can result in the imposition of civil liability. [4] This principle is, of course, subject to the qualification that an amendment may not add a new cause of action on which a particular statute of limitations has run. It is a business responsibility to provide the written notice of cancellation, exactly as written in the law, otherwise if the consumer has not been notified of his rights, the entire contract may be voidable even after the three days has passed. seq., is replete with numerous definitions, requirements, prohibitions and penalties. In 2008, the Pennsylvania Legislature passed the Home Improvement Consumer Protection Act. Appellants argue the sale of real estate falls within the purpose of the UTPCPL. v. (xi) (fictitious price cuts). No need to spend hours finding a lawyer, post a job and get custom quotes from experienced lawyers instantly. 646.605; R.I.Gen.Laws Ann. 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. You must include the abbreviation PAand the number assigned to you (example: PA123456). The law requires registration numbers in any advertisements used by contractors. [2] Section 5524(7) of the Judicial Code, as amended 1982, sec. (D) A statement that the cost of the services to be performed under the time and materials provision shall not be increased over the initial cost estimate plus a 10% increase without a written change order signed by the owner and contractor. [18] 42 P.C.S. In the case sub judice, the denial of appellants' petition to amend their complaint to include an UTPCPL claim has the effect of putting appellants out of court on a cause of action they seek to litigate. HICPA, or Home Improvement Consumer Protection Act imposes requirements on home improvement contractors. Click here to Register, Re-register, or Update, Send Drug and Child Predator Anonymous Tips, Community Drug Abuse Prevention Grant Program, ACRE Agriculture, Communities and Rural Environment, Pennsylvania State Coroners Education Board, Voters Rights in Effect at the Polling Places on Election Days. Do you receive unwanted calls? Furthermore, these written agreements must contain the entirety of the agreement reached by the homeowner and the contractor in question. Appellants are individuals and owners of residential property located at 5714 Marshall Street in Philadelphia. 358-A:1, N.D.Cent.Code 51-15-01; Okla.Stat.Ann. 374, 477 A.2d 491 (1984) (Public Adjuster Law); Pennsylvania Bankers Ass'n. & Com.Code Ann. [5] As such, denial of the petition to amend constitutes an appealable order. Compare 73 P.S. 5, 213; Md.Com.Law Code Ann. 15, 752; Or.Rev.Stat. 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. While many lawyers will be spending many hours learning the details of the Act and the interplay between and among its various provisions, we can now report on at least some of the basic details of the Act. [1] In its view, appellants' amended cause of action was barred by Pennsylvania's two-year limitations period for fraud,[2] rather than the six-year "catchall" limitation period,[3] since it was the closest analogy for appellants' statutory claims. 260, 1, 73 P.S. Section 517.2 - Definitions. 201-2(4)(viii). This action arose in connection with the purchase by appellants of the property from appellee. If you continue to experience difficulties using our search function, please call 1-888-520-6680. See Home Life Ins. The court drew an analogy between common law libel and the plaintiff's disparagement claim pursuant to the UTPCPL, concluding: The analysis employed by both the federal district court in Merv Swing and by the lower court in the case at bar in *394 selecting a statute of limitations for the UTPCPL involved application of the most closely analogous limitations period. 6 years for contracts3 years for torts2 years for negligence. The enforcement of this law falls under the jurisdiction of the Consumer Protection Bureau of the Pennsylvania Attorney General's office. Under HICPA, home improvement contracts may NOT contain certain provisions including: 1) A hold harmless clause; 2) A waiver of Federal, State or local health, life, safety or building code requirements; 3) A confession of judgment clause; 4) A waiver of any right to a jury trial in any action brought by or against the owner; 5) An assignment of