Hawaii Residential Home Improvement Contract

Hawaii Residential Home Improvement Contract

Before signing: Complete the price, start date, duration, work and material schedule, subcontractor details, and disclosures below. The contractor must explain the lien and bond matters verbally before the homeowner signs and before applying for a building permit. Give the homeowner a signed copy before work begins. This agreement gives the homeowner the three-business-day cancellation right and two completed cancellation forms in Sections 10–12, including when the statutory door-to-door sale definition does not apply.

1. Parties and property

Homeowner (owner or lessee): [FULL NAME], [MAILING ADDRESS], [PHONE], [EMAIL].

Contractor's licensed legal name: [FULL NAME / ENTITY]. Business address: [ADDRESS]. Phone and email: [CONTACT].

Hawaii contractor license number: [NUMBER]. License classification(s) covering this work: [CLASSIFICATION(S)].

Property to be improved: [STREET ADDRESS, UNIT, CITY, HAWAII ZIP]. Homeowner's interest: ☐ Owner ☐ Lessee.

The parties agree that Contractor will perform the residential improvement described below at the Property. The schedules and notices identified in this agreement are part of it.

2. Scope, materials, and subcontracting

Work to be performed, by room or area: [DETAILED SCOPE OR ATTACHED SCHEDULE IDENTIFIED BY DATE].

Materials and fixtures, including quantity, grade, brand, and model where selected: [DETAILS OR ATTACHED SCHEDULE].

Plans and specifications: [DRAWING TITLE, DATE, VERSION / NONE]. Express exclusions: [LIST].

Approximate percentage of work to be subcontracted: [____]%. Complete the table for every planned subcontractor. Update the homeowner in writing if the list changes.

3. Exact price and payment

Total amount due from Homeowner for the agreed work: $[EXACT DOLLAR AMOUNT], including [TAXES, MATERIALS, PERMITS, AND OTHER INCLUDED ITEMS]. This is a fixed price. Any change requires a written change order signed by both parties before changed work begins.

Payee and payment method: [CONTRACTOR LEGAL NAME AND METHOD]. The payments above total $[SAME EXACT CONTRACT PRICE]. Contractor will issue a receipt for each payment and credit it on the final invoice. Do not pay a sales representative unless the representative is expressly authorized to receive payment for Contractor; the risk disclosure by the signatures applies.

4. Schedule, access, and permits

Date work is to commence: [__/__/____]. Number of calendar days for completion: [NUMBER]. Expected completion date: [__/__/____].

Site access and working hours: [DETAILS]. Homeowner preparation and owner-supplied materials: [DETAILS / NONE].

Permits and inspections: [IDENTIFY EACH REQUIRED PERMIT; WHO APPLIES, PAYS, AND ARRANGES INSPECTIONS]. Contractor will identify permit numbers to Homeowner before permitted work begins and will give Homeowner copies of final approvals received.

A delay affecting the completion date will be documented in a signed change order stating the cause and revised number of days. Work on a concealed condition beyond immediate protection of the Property requires a written change order.

5. Lien rights and bonding disclosure

Contractor has explained verbally to Homeowner the potential lien rights of the contractor, subcontractors, material suppliers, labor providers, and Homeowner in connection with this project. A person supplying unpaid labor or materials may assert a lien against the Property if applicable law permits. Paying Contractor alone may not resolve a claim by an unpaid subcontractor or supplier. Description of the parties' lien-right discussion and planned payment protections: [DETAILS].

Contractor has also explained verbally that Homeowner may demand a project bond, what protection the proposed bond would provide, and its approximate cost. Contractor is: ☐ Bonded; bond details [SURETY, NUMBER, COVERAGE] ☐ Not bonded; available financial security for performance [DESCRIBE].

Homeowner's bond choice: ☐ Demand a project bond with estimated expense $[AMOUNT], to be arranged before work ☐ Do not demand a bond now. Bond terms and who pays: [DETAILS].

Homeowner acknowledgment of verbal explanations before signing: I received the lien-right and bond-option explanations on [__/__/____] at [TIME]. Initials: [____]. This acknowledgment records the discussion and does not waive any right.

6. Work standards, warranty, and changes

Contractor will perform the agreed work in a workmanlike manner and comply with applicable permit and inspection requirements. Contractor will protect occupied areas as follows: [PROTECTION PLAN], and remove construction debris as follows: [CLEANUP PLAN].

Warranty offered, if any: [SCOPE, PERIOD, WHO PROVIDES IT, CLAIM ADDRESS, EXCLUSIONS / NONE BEYOND APPLICABLE LAW]. Manufacturer warranties to be delivered: [LIST / NONE].

Any change order must state the changed scope and materials, exact price adjustment, revised completion date or number of days, and both signatures. The original fixed price remains in force for unchanged work.

7. Completion, disputes, and early termination

Contractor will give written completion notice and a final invoice. Homeowner will inspect the work within [NUMBER] days and list any unfinished or disputed items in writing. The parties will record a plan to complete those items: [DETAILS].

For a claimed breach, a party will give written notice describing it and allow [NUMBER] days for a response or cure when a cure is possible. If work ends early, Contractor will itemize authorized work and committed materials through the end date; the parties will reconcile payments against that account, subject to applicable law. Neither party waives a right that law does not permit them to waive.

Project notice addresses: Homeowner [ADDRESS / EMAIL]; Contractor [ADDRESS / EMAIL]. Method for notices under this contract: [METHOD]. Statutory cancellation may also be delivered by any method allowed in Section 12.

8. Construction-defect notice under Haw. Rev. Stat. § 672E-11

CHAPTER 672E OF THE HAWAII REVISED STATUTES CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT OR OTHER ACTION FOR DEFECTIVE CONSTRUCTION AGAINST THE CONTRACTOR WHO DESIGNED, REPAIRED, OR CONSTRUCTED YOUR HOME OR FACILITY. NINETY DAYS BEFORE YOU FILE YOUR LAWSUIT OR OTHER ACTION, YOU MUST SERVE ON THE CONTRACTOR A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE. UNDER THE LAW, A CONTRACTOR HAS THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR AND/OR PAY FOR THE DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY A CONTRACTOR. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER THE LAW, AND FAILURE TO FOLLOW THEM MAY NEGATIVELY AFFECT YOUR ABILITY TO FILE A LAWSUIT OR OTHER ACTION.

9. Agreement and signatures

Attached documents: ☐ Scope and material schedule ☐ Plans ☐ Subcontractor list ☐ Bond terms ☐ Warranty ☐ Signed change orders ☐ Other: [IDENTIFY]. A later signed change order controls only the work and price it changes. Hawaii law governs this agreement.

Date of transaction: [__/__/____]. Seller for cancellation purposes: [CONTRACTOR LEGAL NAME]. Seller's business address for cancellation: [ADDRESS]. Description of services sold: [SCOPE IDENTIFIER].

RISK OF LOSS OF PAYMENTS MADE TO A SALES REPRESENTATIVE: A PAYMENT TO A SALES REPRESENTATIVE MAY BE LOST IF THE REPRESENTATIVE DOES NOT DELIVER IT TO THE CONTRACTOR. PAY ONLY THE CONTRACTOR AT THE PAYEE ADDRESS OR BY THE METHOD IN SECTION 3.

YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT.

Homeowner signature: [________________________________] Date: [__/__/____]

Contractor signature and title: [________________________________] Date: [__/__/____]

Contractor delivers a signed copy of this agreement and two completed, detachable copies of the notice below to Homeowner on [__/__/____] by [METHOD]. Homeowner receipt: [SIGNATURE / DELIVERY RECORD]. Contractor has also explained the cancellation right orally.

10. Notice of cancellation — copy 1 (detach and retain)

NOTICE OF CANCELLATION

Date of transaction: [__/__/____]

YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS FROM THE ABOVE DATE.

IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENT MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN TEN BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED.

IF YOU CANCEL YOU MUST MAKE AVAILABLE TO THE SELLER AT YOUR RESIDENCE, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE; OR YOU MAY, IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE SELLER'S EXPENSE AND RISK.

IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK THEM UP WITHIN TWENTY DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER, OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER AND FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT.

TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A TELEGRAM TO [CONTRACTOR LEGAL NAME], AT [CONTRACTOR BUSINESS ADDRESS] NOT LATER THAN MIDNIGHT OF [CANCELLATION DEADLINE DATE].

I HEREBY CANCEL THIS TRANSACTION.

Cancellation date: [__/__/____]

Buyer signature: [________________________________]

11. Notice of cancellation — copy 2 (detach and retain)

NOTICE OF CANCELLATION

Date of transaction: [__/__/____]

YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS FROM THE ABOVE DATE.

IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENT MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN TEN BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED.

IF YOU CANCEL YOU MUST MAKE AVAILABLE TO THE SELLER AT YOUR RESIDENCE, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE; OR YOU MAY, IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE SELLER'S EXPENSE AND RISK.

IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK THEM UP WITHIN TWENTY DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. IF YOU FAIL TO MAKE THE GOODS AVAILABLE TO THE SELLER, OR IF YOU AGREE TO RETURN THE GOODS TO THE SELLER AND FAIL TO DO SO, THEN YOU REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT.

TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A TELEGRAM TO [CONTRACTOR LEGAL NAME], AT [CONTRACTOR BUSINESS ADDRESS] NOT LATER THAN MIDNIGHT OF [CANCELLATION DEADLINE DATE].

I HEREBY CANCEL THIS TRANSACTION.

Cancellation date: [__/__/____]

Buyer signature: [________________________________]

12. Cancellation instructions

Contractor must fill the transaction date, contractor name, business address, and cancellation deadline on both copies before giving them to Homeowner. Set the deadline at midnight of the third business day after the transaction. A business day excludes Saturday, Sunday, and state or federal holidays under Haw. Rev. Stat. § 481C-1. The contract and both notices must be in the same language principally used in the oral sales presentation where § 481C-2 applies. Give the homeowner a completed, signed copy of the agreement at signing. The two notices above are detachable and may be used to cancel this agreement on the stated terms.

Official sources

• Haw. Rev. Stat. § 444-25.5
• Haw. Admin. R. §§ 16-77-79 and 16-77-80
• Haw. Rev. Stat. § 672E-11
• Haw. Rev. Stat. §§ 481C-1 and 481C-2