Prohibited Acts

If you think the Home Improvement Consumer Protection Law only applies to criminals you got another thing coming. Don't think that just because you're a ‘respectable' contractor they don't apply to you. The following is a list  regulations that ALL CONTRACTORS MAKING OVER $5000 per year must abide by. Penalties for these crimes are not specified by the law and will be determined in court on a case by case basis until precedent for how to deal with them becomes established. Failure to comply with any of these regulations voids your contract and your right to pursue claims against a customer. They will be dealt with in civil and criminal courts. Scroll down to see the list of crimes with predetermined penalties under the law.

Under section 8 of the bill no person shall:

• Fail to register as required by this act.
• Fail to refund the amount paid for a home improvement within ten days of either the accepting or refusing a return receipt, or certified mail containing a written request for a refund.  (returns must be granted if no substantial portion of the contracted work has been performed at the time of the request or more than 45 days have elapsed since the starting date specified in the written contract.
• Accept a municipal certificate of occupancy or other proof that performance of a home improvement contract is complete or satisfactorily concluded with knowledge that the document or proof is false and the performance is incomplete.
• Abandon or fail to perform, without justification, any home improvement contract or project engaged in.
• Deviate from or disregard plans or specifications, in any material respect, without a written change order dated and signed by both the contractor and owner, which contains the accompanying price changes for each deviation.
• Prepare, arrange, accept or participate in the financing of a home improvement contract with knowledge that the home improvement contract states a greater monetary obligation than the actual price of the home improvement.
• Advertise or offer to perform a home improvement if the person does not intend actually do it, use a contract, or charge the advertised price.
• Demand or receive any payment for a home improvement before the home improvement contract is signed.
• For a home improvement contract in which the total price is more than $1,000, receive a deposit in excess of one-third of the home improvement contract price, or one-third of the home improvement contract plus special materials.
• Fail to deliver a payment to a contractor while acting as a salesperson in connection with a home improvement.

Home Improvement Fraud

The following list outlines the major crimes and penalties for home improvement fraud established by the Home Improvement Consumer Protection Act. 

For crimes over $2000 3rd degree felony (0-7 years in PA according to Pitt Law School ).

For crimes under $2000 1st degree misdemeanor.

A SECOND OFFENSE IS AUTOMATICALLY A 2 ND DEGREE FELONY (0 - 10 YEARS) REGARDLESS OF THE AMOUNT INVOLVED IN EITHER OFFENSE. Suspension or revocation of certificate for any of these crimes is at the judge's discretion and may not be petitioned for reinstatement within a period of five years. Amounts from multiple victims may be aggregated. All offenses are raised a degree if the consumer is 60 or older.

1. False or misleading statements to solicit a contract for services or materials.
2. Receiving advance payment for service or materials and failing to deliver within the time specified in the contract.
3. Concealing  your name, the name of your business , address or any other identifying information while soliciting a contract for service or materials.
4. Damaging a person's property to solicit a contract for goods and services.
5. Representing yourself as a government employee in attempt to solicit goods and services.
6. Misrepresenting the cost of materials.
7. Altering a home improvement agreement, mortgage or promissory note (estimate) while performing or selling home improvements without two party written consent.
8. ‘Directly or indirectly publishing a false or deceptive advertisement.'