Are you in the middle of a construction project or just thinking about one? Is your contractor licensed? Does the construction contract containing any information required by Connecticut state law? With all the construction going on in Fairfield County, it is important that you review these issues to ensure that you, the homeowner, are protected in case the project turns sour.

In Connecticut, new home builders and contractors improvement the home must be licensed. There are separate and distinct licenses for each and both are licensed by the Department of Consumer Protection ( "DCP"). Exploitation or license, however, does not mean that the builder or contractor has done nothing but fill out the proper paperwork and pay the required fees. The license is not an endorsement by the DCP the builder or contractor that does not work properly or maintain adequate insurance. Under the DCP, the definition of a "Home Improvement" is "any permanent change residential property, including but not limited to driveways, pools, porches, garages, roofing, siding, insulation, solar energy systems, floors, patios, gardens, painting, residential radon mitigation relocation of underground oil tanks, fences, doors, windows and waterproofing, unless the contract works worth less than $ 200.00. "A New Home Construction Contractor" means any person or company that builds homes or speculative contracts with a consumer to construct or sell a new house or develop any part of a new home before the occupation.

To check if your builder license new home or renovation contractor, you can go to the DCP website http://www.ct.gov/dcp and click on the tab for home improvement. A major advantage of using a builder of new homes or renovation contractor is that DCP administers the New Start of construction of the Guarantee Fund "and improved" Home Guarantee Fund. "These funds are available to reimburse consumers who may not charge for loss or damage suffered from the lack of a registered contractor to perform under a contract. The maximum recovery of the House of Guarantee Improvement Fund is $ 15,000.00 and $ 30,000.00 in the new main building of the Guarantee Fund. There are specific requirements for the collection of individual funds and should contact DCP or an attorney who specializes in construction law to ensure that they fully comply with all requirements.

Once you determine that your contractor home improvement is licensed, you must ensure that the contract contains all required information. Connecticut law requires the following of a contract home improvement: (1) must be in writing, including all changes and modifications, (2) must include four dates: the date of signing the contract, the date of begin work, the date on which work is being completed and the date on which the owner can cancel the transaction, (3) must include a notice on the Law of Client to cancel within three business days after signing the contract. The notice must be attached to and made part of the contract, and must be in duplicate, (4) announcement appearing in the contract should be near the customer's signature and in substantially the following form: "You, the buyer may cancel this transaction at any time before midnight of the third working day after the date of this transaction. See the attached notice of cancellation for an explanation of this right. "NOTE: The Sabbath is a day of legal work in Connecticut (5) Both the contractor and the customer must sign and date the contract, (6) Contractor must give the customer a complete copy of contract to maintain, (7) The contract must be signed by a registered contractor or vendor, and (8) shall include the name and address of contractor.

If you are building a new home, once determined that the new contractor's license from your home, you should make sure the contract contains all the required information. The new contract should contain a provision advising you that you can be contacted by a prospective contractor's other clients on the quality and timeliness of the new contractor home work in construction. You can then advise the contractor in writing to the contract that you do not wish to be contacted.

If your contractor refuses to enter into a contract that meets the requirements, you should seek another contractor.

It is recommended that you do not give your contractor advances cash or large up-front payments. You and your contractor should agree on a payment schedule that roughly follows the progress of the work (ie – 20 percent partial payments each time the employment levels reached pre-determined times). It is never advisable to provide the final payment until the job is complete.

Finally, Connecticut law provides for certain express and implied warranties for new home construction. You should contact DCP or an attorney expert in construction law if you have a new home warranty issue.

Ross M. Chinitz, Esq.

Doran & Chinitz, LLC

1698 Post Road East

Westport, CT 06880

203-254-4461

[http://www.doran-chinitz.com] e-mail: rchinitz@doran-chinitz.com

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