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 […]

If there’s a load limit on construction contracts, Maryland must be getting close. The legislators in Annapolis require 21 distinct notices and disclosures in custom home building contracts. As a class, buyers of custom homes in Maryland must be among the best protected anywhere. Omitting any of these disclosures carries heavy consequences. More on that […]

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 […]

Staying legal in the New York construction contracting business begins with licensing. New York State licenses only asbestos contractors. But that doesn’t make licensing a trivial issue in New York. Cities and counties in New York are free to require a license for any type of construction activity. And many municipal governments do exactly that. […]

Not many home improvement contractors get their day at the supreme court. But it happened in New Jersey earlier this year. And there’s a lesson here for residential contractors in many other states. I’ll explain. Jo Anne and Tom Heath selected Czar, Inc., a Patterson, NJ cabinet shop, to install kitchen cabinets and woodwork in […]