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February 06, 2012

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What is a Home Improvement Contract

Subpart 1.6—Career Development, Contracting Authority, and Responsibilities
A home improvement contract is an oral or written agreement BETWEEN a contractor or salesperson AND either a residential owner or a tenant for the performance of a home improvement.

If the total cost of the project exceeds $500, by law the contract MUST be in writing. The total cost includes labor, services, and materials.

A home improvement contract must include elements specified in Business and Professions Code Section 7159 and elsewhere. This document outlines those elements.

Business and Professions Code 7151.2

"Top Ten" Problems with Home Improvement Contracts

In no particular order, here are frequently seen problems with home improvement contracts:

Notice regarding Registrar's address missing
Excessive down payment requested
Equipment to be used or installed not detailed, and materials to be used not described specifically enough
Notice to owner regarding liens not included
Job to be completed is not clearly stated and described
Right to cancel notice missing
Bid not figured out carefully and/or completely
Change orders not included
Old notices used with old addresses and noncompliant language
Start and stop dates not included

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Did You Know?

There Are Three Elements For A Contract To Exist - Offer, Acceptance & Consideration
The first step to creating a contract is an Offer; followed by Acceptance of the offer which must be valid and then its Consideration which is a legal concept meaning something of value that is given in exchange for a performance or a promise to perform.

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Contract Terms

Today's Terms

Escape Clause

Definition:
A provision in a contract or other document permitting parties to avoid liability for nonperformance under certain conditions.

Offer

Definition:
Offer: A proposal that is made to a certain individual or legal entity to enter into a contract, that is definite in its terms, and that indicates the offerer's intent to be bound by an acceptance.

Instrument

Definition:
Any written document that gives formal expression to a legal agreement or act.

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Contract Hot Topics

Topics Related to Contract:

Acceptance
Breach of Contract
Conditions
Liability
Offers
Underwriter
Warranty
Competent Parties
Mutual Assent
Consideration

Kansas Contract Attorney

If you live in the following cities and need an Contract attorney you should contact our Contract Attorney as soon as possible:

Derby
Dodge City
Emporia
Garden City
Hays
Hutchinson
Junction City
Kansas City
Lawrence
Leavenworth
Lenexa

Liberal
Manhattan
Newton
Olathe
Overland Park
Pittsburg
Prairie Village
Salina
Shawnee
Topeka
Wichita

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