tit. The broad construction mandated by the core concerns of the legislature in enacting the UPTCPL allowed our Supreme Court in Commonwealth v. Monumental Properties, supra, to hold that the leasing of residential real *390 estate was within the purview of the statute's intendment. When the home improvement contractor registers with the Bureau of Consumer Protection the contractor is assigned a registration number. (C) The total potential cost of the services to be performed under the time and materials provision, including the initial cost estimate and the 10% referenced in clause (B), expressed in actual dollars. [22] We are unable, therefore, to characterize all the multifarious claims that may be brought under the UTPCPL as "fraud" or "deceit." This agency investigates consumer complaints and litigates those with merit. Yes, subcontractors who perform home improvements must register even if they do not enter agreements directly with consumers. Do contractors need to show their registration to their customers or display the registration in their business? Any home improvement contractor who is not registered is prohibited from offering or performing home improvements. property, tangible or intangible, real, personal or mixed. Check or add your phone numbers to the Pennsylvania Do Not Call Registry. 1125(a) (reproduced footnote 6, supra). 5, 213; Md.Com.Law Code Ann. [17] Consequently, the use of the standard employed by the trial court in the case at bar to select a limitations period threatens a multiplicity of potentially applicable statutes of repose for UTPCPL actions. . tit. 1941) (common law trademarks). This would need to be pursued directly with a civil case. C. Herbert O'HARA, Joseph F.X. Pennsylvania unfair trade practices and consumer protection law (UTPCPL) is used to protect consumers and purchasers of household goods and services. 559 (1979) (consent order against realtor for nondisclosure of unavailability of sewage and water); Kaufman & Broad, Inc., 93 F.T.C. Nor does the term include the sale of appliances, such as stoves, refrigerators, freezers and room air conditioners, which are designed for and are easily removable from the premises without material alteration. (quoting 51 Am.Jur.2d Limitations of Actions 63 (1970)). . There are a number of federal laws in place that aim to protect homeowners from unscrupulous contractors. The court drew an analogy between common law libel and the plaintiff's disparagement claim pursuant to the UTPCPL, concluding: The analysis employed by both the federal district court in Merv Swing and by the lower court in the case at bar in *394 selecting a statute of limitations for the UTPCPL involved application of the most closely analogous limitations period. Get free summaries of new Supreme Court of Pennsylvania opinions delivered to your inbox! Any claims not filed with the prescribed time period are deemed stale and time-barred. 73 P.S. How should I list the Bureau of Consumer Protection's phone number in my contracts? 326, Art. [18] 42 P.C.S. Pa.R. Plaintiffs would be uncertain as to which limitations period governed their UTPCPL claim until the court determined *395 whether their claim more closely resembled a tort action,[18] a contract action,[19] or an action under some other statute. [19] Id. The term home improvement also does not include the services of a an Agriculture Department-certified landscaper except to the extent that the services include any of the installations noted above. This is due to the longer statute of the UTPCPLS (6 years for the unfair trade practices and consumer protection law versus 2 years for breach of contract), and the additional monetary compensation that may be awarded. of the goods of one vendor . 73 P.S. 1986), held that the six-year "catchall" statute of limitations was applicable. 44-1521; Colo.Rev.Stat.Ann. After this time passes, you may contest any lawsuit filed by a medical creditor on the grounds the original debt is . You do not need to include extra zeroes which come before your number but you must have these letters and your actual registration number. Shortly after taking possession of the realty, appellants discovered an allegedly substantial defect in the main soil stack pipe from the cellar to the second floor bath of the house and a leak in the rainspout from the front porch of the house into the cellar. 93A, 1(b) & 9(1); Mich.Stat.Ann. 5527(6), applies. The law requires registration numbers in any advertisements used by contractors. This approach, however, yielded inconsistent determinations. 34-5-10; Tex.Bus. 19.86.010; Wyo.Stat.Ann. Commonwealth v. Monumental Properties, Inc., 459 Pa. 450, 467, 329 A.2d 812, 820 (1974). The contract must set forth the entire agreement, including, among other things, the approximate start date and completion date, a complete description of the work to be performed, the total sales price due under the contract, and the amount of any down payment required plus any amount to be advanced for the purchase of special order materials. Act No. to ensure the fairness of market transactions. The Pennsylvania Home Improvement Consumer Protection Act There are a number of federal laws in place that aim to protect homeowners from unscrupulous contractors. Id. (3) A confession of judgment clause. Appellants subsequently paid the full purchase price and took possession at settlement on August 29, 1980. In Barr v. General Accident Group Ins. We believe that this result is directly attributable to the sui generis nature of the Unfair Trade Practices and Consumer Protection Law since the statute encompasses an array of practices which might be analogized to passing off,[10] misappropriation,[11] trademark infringement,[12] disparagement,[13] false advertising,[14] fraud,[15] breach of contract,[16] and breach of warranty. Are time and materials contracts allowed? 260, 1, 73 P.S. 618 (E.D.Pa. 5524(7) (two year limitation). The Act further provides that any violation of any of the provisions of the Act is deemed to be an Unfair Trade Practice under the Pennsylvania Unfair Trade Practices and Consumer Protection Law. Definitions As used in this act. (1) "Documentary material" means the original or a copy of any book, record, report, memorandum, HICPA was enacted to regulate home improvement contracts and to prohibit certain acts in the home improvement industry. Connecticut. statute and other law Strong The statute does not contain any restrictions on class actions. Appellants contend that, there being no express limitation on private actions under the UTPCPL, and since their claims fall within the ambit of that statute, the six-year "catchall" limitations period of section 5527(6) of the Judicial Code, 42 P.C.S. The Court resting its holding on several bases, including the modern and traditional conceptions of leasing, held: Id. . Under HICPA, home improvement contracts may NOT contain certain provisions including: 1) A hold harmless clause; 2) A waiver of Federal, State or local health, life, safety or building code requirements; 3) A confession of judgment clause; 4) A waiver of any right to a jury trial in any action brought by or against the owner; 5) An assignment of . 1125(a), which provides: Any person who shall affix, apply, or annex, or use in connection with any goods or services, or any container or containers for goods, a false designation or origin, or any false description or representation, including words or symbols tending falsely to describe or represent the same, and shall cause such goods to enter into commerce . 2011 -2019.2 A powerful weapon; Used to protect consumers from "advertising, offering for sale, sale or distribution of any services and any property, tangible or intangible, real, Since unfair or deceptive acts or practices in the sale of real property are expressly declared unlawful, there is no merit to appellee's assertion to the contrary. Click here for more information. 689 (1975); Lovett, State Deceptive Trade Practice Legislation, 46 Tulane L.Rev. [5] Thus, although a claim under the UTPCPL brings forth a new cause of action, it also spawns a new statute of limitation period, to be discussed infra. Pennsylvania Criminal Statute of Limitations 3101, et seq. 45.50.481(a)(1) says that the statute does not apply to "an act or transaction regulated under laws administered by the state, by a regulatory board or commission except as For cases applying these statutes to real estate transactions, see, e.g., Klotz v. Underwood, 563 F. Supp. For more detailed information regarding a registered contractor, please email us at hic@attorneygeneral.gov. [10] 73 P.S. 15, 752; Or.Rev.Stat. Similarly, contractors cannot force a homeowner to waive the right to a jury trial, to give up the right to assert a claim arising out of the contract, or to agree that the contractor will be awarded attorneys fees and costs in the event of a dispute. 1033, 42 Pa.C.S.A. (CCH) 21, 840 (1981) (restitution order for real estate buyers for misrepresentations as to quality of land, location of lots and availability of utilities); Cavanaugh Communities Corp., 93 F.T.C. How can I advise consumers of their cancellation rights? Other bills that also amend the same statute are listed below. Only the first 5 bills are included here. Representing the product or service at a particular standard when it does not meet this standard. I was pleased with the results and would highly recommend his service to anyone seeking consumer help. Cunningham Packing v. Congress Financial Corp., 792 F.2d 330 (3rd Cir. (ix) and (x) (bait advertising); id. Informs the consumer in writing that any cost beyond the contract price (initial cost estimate plus 10%) must be agreed to by the homeowner in a written change order. Since section 201-9.2 of the UTPCPL provides for a civil action which is not subject to a limitations period, the Unfair Trade Practices and Consumer Protection Law is subject to the six-year "catchall" statute of limitations. 42 P.C.S. as being based on the Federal Trade Commission Act"); Commonwealth v. Flick, 33 Pa.Commw. No. 100). The amendment of appellants' complaint to include a claim for violation of the Unfair Trade Practices and Consumer Protection Law does plead a new cause of action, but also brings forth a consideration of another statute of limitations in addition to the two-year statute of limitation for common law fraud. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb. Under the Home Improvement Consumer Protection Act, every contract for home improvements needs to be written, legible and signed by the consumer and the contractor (or their representatives). The bureau has a complaint process and will conduct an investigation, but cannot recover civil damages for you. [23] "When the words of a statute are clear and free from all ambiguity, the letter of it is not to be disregarded under the pretext of pursuing its spirit." [3] Id. The Pennsylvania's Unfair Trade Practices and Consumer Protection Law (UTPCPL) 73 P.S. Under the Home Improvement Consumer Protection Act, any work performed under the emergency work provisions of Section 201-7 of Pennsylvanias Unfair Trade Practices and Consumer Protection Law is not considered a home improvement. Limitation periods range from six months Definitions As used in this act. HICPA, or Home Improvement Consumer Protection Act imposes requirements on home improvement contractors. are hereby declared unlawful.") The court may order the business to compensate any business for its losses, typically by refunding the price of the purchased product or service. As such, the Court adopted North Carolina's three-year "catchall" statute of limitations, adding "that where there is doubt as to which statute of limitations should apply, the longer statute should be chosen." Our attorneys at Wolf, Baldwin & Associates are able to answer your questions regarding these matters. 1166, No. Harrisburg, PA 17120 II, 201, 42 P.C.S. Barr, supra, 520 A.2d at 490. ", "I could not let this opportunity pass without expressing my sincere thanks for representing me in court. Stat. any home improvement without first registering with the bureau, as provided for in this act. In addition, section 1961 of the Pennsylvania Automobile Lemon Law, 73 P.S. Repair, replacement, remodeling, demolition, removal, renovation, installation, alteration, conversion, modernization, improvement, rehabilitation or sandblasting. Please contact dedicated home contractor fraud attorney Louis S. Schwartz at CONSUMERLAWPA.com today to learn more about your legal options. 48-602; Ill.Stat.Ann. [4] This principle is, of course, subject to the qualification that an amendment may not add a new cause of action on which a particular statute of limitations has run. *398 Confronted by the same issue in Murry v. Western American Mortgage Co., 124 Ariz. 387, 604 P.2d 651 (1979), the Arizona Supreme Court applied that state's one-year "catchall" limitations period to the Arizona Consumer Fraud Act. To learn more about the legal remedies available to you under the Pennsylvania Home Improvement Consumer Protection Act, please contact an experienced Philadelphia home contractor fraud lawyer today. Under Section 517.6 of the Act, this registration number must be included in all of the contractors advertisements, contracts, estimates and proposals created by the contractor after July 1, 2009. If you need help with Pennsylvania unfair trade practices and consumer protection law, you can post your legal need on UpCounsel's marketplace. 646.605; R.I.Gen.Laws Ann. 800 East High StreetP.O. Many Pennsylvania contractors attempt to limit a homeowners legal right to file suit in the event of a dispute by purposely including language that eliminate those rights in contractual agreements. If contractors wish to display it, they may but they are not required to do so. (xv) (misrepresentation) id. at 625. v. Lazin, 57 Pa.Commw. The defendant in that case argued that the treble damages provision of the statute was analogous to a penalty and that therefore the one-year statute of limitations for "an action of proceeding . 201-2(4) of UTPCPL (enumerating unfair or deceptive acts or practices) with 15 U.S.C. The law does not require contractors to show copies of their registration. 7 years (with 1 year extension if defect discovered in 7th year) No. See also Pennsylvania Retailers Ass'n. Do building superintendents or the maintenance staff for apartment buildings, condominiums, or community associations need to register? You already receive all suggested Justia Opinion Summary Newsletters. Does the Home Improvement Consumer Protection Act affect the licensing or registration of home improvement contractors by counties, cities or towns? As we previously noted, the Unfair Trade Practices and Consumer Protection Law embraces actionable conduct which sounds in assumpsit as well as trespass and which parallel actions upon contracts as well as those arising in tort. The law requires contractors to submit a completed application which includes among other information: Effective October 22, 2014, HICPA was amended to require that contractors update the information supplied in their application for registration within thirty (30) days of any change. Philadelphia home contractor fraud lawyer, Most Common Types Of Home Improvement Fraud In Pennsylvania, Philadelphia Contractor Faces Criminal Charges For Defrauding At Least 10 Homeowners, Philadelphia Home Contractor Allegedly Absconds With Victims Security Deposit, Mill Hall Roofing Contractor Faces Charges For Home Improvement Fraud, Three Red Flags To Avoid When Hiring A Home Contractor, Serving the Philadelphia Metropolitan Area. Seeking to amend their complaint to include an action under the Consumer Fraud Act in addition to their common law fraud claim, the plaintiffs argued that Arizona's three-year statute of limitations for fraud should apply. Last Action: This bill amends the act of October 17, 2008 (P.L.1645, No.0132), known as the Home Improvement Consumer Protection Act - Enactment. Construction, replacement, installation or improvement of driveways, swimming pools, pool houses, porches, garages, roofs, siding, insulation, solar energy systems, security systems, flooring, patios, fences, gazebos, sheds, cabanas, landscaping work (other than work performed under the Plant Pest Act), painting, doors and windows and waterproofing. 5522-5527. Section 517.1 - Short title. *385 Before MONTEMURO, POPOVICH and CERCONE, JJ. Pennsylvania's Home Improvement Consumer Protection Act ("HICPA" or the "Act") was enacted to protect consumers from the unfair trade practices and fraudulent activities of home improvement contractors. The first major restriction of the Act is set out at Section 517.3, which provides that no person shall hold themself out as a contractor, nor shall a person perform any home improvement without first registering with the Bureau of Consumer Protection of the Office of the Pennsylvania Attorney General. Contact and identifying information for the applicant, including information on any prior home improvement businesses operated by the applicant; For corporations and business entities, information on partners, officers, managers and other parties with an interest in the business; Information on other contractor licenses and registrations held by the applicant; A description of the applicants business; Background disclosures, including information on prior bankruptcies and criminal pleas or convictions; Insurance policy information showing at least $50,000 of personal injury liability coverage and $50,000 of property damage coverage (this is not related to contractor performance or quality of work); A signed and dated certification by the applicant; and. A description of the work to be performed; The approximate start and completion dates for the project; Any specifications that cannot be changed in the absence of a written change order that is signed by both parties; The total sales price due upon completion of the job; and. Yes. The Court of Common Pleas for Philadelphia County denied appellants' petition by order of September 15, 1986 on the *386 grounds that the statute of limitations which governs private civil actions under the UTPCPL had run. However, the term does not include the construction of a new home or the sale of goods and materials by a seller who neither arranges nor performs installation work. Do you receive unwanted calls? See Saunders, The Pennsylvania Automobile Lemon Law Uncharted Terrain, 57 Pa.B.A.Q. . No. [22] See supra notes 10-17 and accompanying text. Because we hold that the UTPCPL is governed by a six-year statute of limitations and in order to eliminate the aimless searching for various time limits within which to bring actions into UTPCPL, we find that the trial court abused its discretion in denying appellants' petition to amend their complaint on the basis that a claim pursuant to the UTPCPL was untimely. 1983) (disparagement action "protects economic interests by providing a remedy to one who suffers pecuniary loss from slurs affecting the marketability of his goods"). 6 years (from earliest of various dates specified in the statute) No. . The language of section 5527(6) of the Judicial Code, however, is clear and unambiguous[23] as to what period of limitation shall apply in such instances: "Any civil action or proceeding which is neither subject to another limitation specified in this subchapter nor excluded from the application of a period of limitation [must be commenced within six years]." 45(a)(1) ("Unfair methods of competition in commerce, and unfair or deceptive acts or practices in or affecting commerce, are declared unlawful."). For instance, if you were assigned PA000372, you may list your number that way, or simply use PA372. All our Thanks and Sincerity", "Dealing with Lou Schwartz has been a seamless experience. four-year limitation). In Anderson v. Kessler, 32 D. & C.3d 623 (Allegh. 201-2(4)(ii) (confusion as to commercial source); id. Other bills that also amend the same statute are listed below. 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