Articles

Not many residential contractors think of themselves as door-to-door salespeople. But the law in most states puts nearly all residential contractors in the home solicitation sales business. “So what,” you say. “I’m not doing anything shady. I deliver real value and have nothing but satisfied customers.” Maybe so. But there’s reason to be concerned and […]

The legislature in Augusta has earned a reputation for piling on law that affects construction contractors. This month’s Maine Supreme Court decision in Cellar Dwellers, Inc. v. Dominic D’Alessio, Jr. (2010 ME 32) illustrates the point. Dominic D’Alessio needed plumbing and HVAC work for the new home he was building in Brunswick, ME. The job went […]

Every construction contractor and subcontractor has heard the term flow-down. A few probably feel they were washed away by flow-down. I don’t think that’s necessary and will suggest a better way. Flow-down is what general contractors do in subcontracts. They incorporate into a subcontract all the terms of the prime contract – usually by stapling […]

Every contractor who does residential work knows about a home owner’s three-day right to cancel. But what you may not know is how vicious this innocuous little form can be. Here’s a short quiz to test your understanding. Answers are below. True or false? 1. The 3-day right to cancel is a federal notice and […]

Every contractor who builds, repairs or remodels homes or apartments in Minnesota knows about One, Two, Ten. One: Contractors have to provide at least a one year warranty on materials and workmanship. Two: Plumbing, electrical and HVAC work require a two-year warranty. Ten: Any “major construction defect” is covered for ten years. All this is […]

Hawaii has a reputation for making life difficult for contractors who don’t toe the line. Sometimes the results border on the ridiculous, at least from a contractor’s perspective. Just ask Michael Sakatani, a Honolulu contractor doing business as 808 Development LLC. A few years ago Mike’s company landed a $1.8 million contract to build a […]

The Texas Residential Construction Commission Act (TRCCA) has joined the Alamo as a memorable episode in Texas history. Like defenders of the Alamo, defenders of TRCCA went down swinging. But the result was about the same: A commendable effort that came up a little short. As I pointed out in this space last May, TRCCA […]

Go browsing on the Web for construction contracts and you’ll see braggadocio about some boilerplate contract being “legal in all 50 states.” Claims like this show up on Web sites run by savvy people with good credentials but who should know better. If you’ve skimmed over any of the earlier entries in this blog archive, […]

The much-maligned Texas Residential Construction Commission Act (TRCCA) is about to fade into the sunset if activists in Texas get their way. TRCCA took root in 2004. The legislated purpose was to (1) promote quality construction by registering home builders, (2) serve as a resource for home owners and (3) offer neutral technical review of […]

If you’re a licensed B1 contractor in California, you probably know all about Cal B&P; 7159. It’s caused more than a little grief for more than a few California contractors, some of them now former California contractors. Cal B&P; 7159 is Sacramento’s effort to rewrite every contract for home improvement, remodeling and repair work throughout […]