Massachusetts Residential Home Improvement Contract

MASSACHUSETTS RESIDENTIAL HOME IMPROVEMENT CONTRACT

Before you use this: Use this agreement for covered work on an existing, owner-occupied Massachusetts building with one to four dwelling units when the contract price exceeds $1,000. Complete every field and attachment before signing. If the contract is signed away from the contractor's business address and M.G.L. c. 93, § 48 applies, give the owner the cancellation statement near the signature and two completed detachable notices. Confirm any financing-related cancellation rule separately.

Contract date: [__/__/____] Place signed: [ADDRESS]

Owner name: [FULL LEGAL NAME] Owner mailing address: [STREET ADDRESS, CITY, STATE ZIP]

Contractor legal name: [FULL LEGAL NAME] Business street address, not a P.O. box: [ADDRESS]

Contractor Social Security number required by M.G.L. c. 142A, § 2(a)(2): [NUMBER]

Contractor registration number: [NUMBER] Salesperson who solicited or negotiated, if any: [FULL NAME OR NONE]

Owner phone/email: [DETAILS] Contractor phone/email: [DETAILS]

Work site: [STREET ADDRESS, UNIT IF ANY, CITY, MASSACHUSETTS ZIP]

Read every completed page and attachment before signing on this front page. The signatures below cover this entire agreement and each signed incorporated attachment.

Do not sign this contract if there are any blank spaces.

If M.G.L. c. 93, § 48 applies, the following statement must appear here in bold, at least 10-point type, immediately beside the owner's signature when printed:

You may cancel this agreement if it has been signed by a party thereto at a place other than an address of the seller, which may be his main office or branch thereof, provided you notify the seller in writing at his main office or branch by ordinary mail posted, by telegram sent or by delivery, not later than midnight of the third business day following the signing of this agreement.

See the attached notice of cancellation form for an explanation of this right.

Owner signature: ______________________________ Date: [__/__/____]

Owner printed name: [NAME]

Contractor signature: ______________________________ Date: [__/__/____]

Contractor printed name and capacity: [NAME AND CAPACITY]

Additional owner signature, if any: ______________________________ Date: [__/__/____]

1. Complete agreement and scope

This document and the signed attachments listed below are the complete agreement. The contractor will provide the following work and materials:

Detailed work, locations, quantities, and workmanship: [COMPLETE DESCRIPTION]

Materials, brands, models, and grades: [COMPLETE DESCRIPTION]

Work excluded: [DESCRIPTION OR NONE]

Plans, specifications, and permits attached: [IDENTIFY EACH DOCUMENT OR NONE]

Documents incorporated into this agreement: [EXHIBIT NAMES, DATES, AND PAGES OR NONE]

Changes to work, price, or schedule require a written change order signed by both parties before the changed work begins.

2. Schedule, permits, and site access

Scheduled start date: [__/__/____] Scheduled substantial-completion date: [__/__/____]

Work hours and access arrangements: [DETAILS]

Necessary permits identified: [LIST EACH PERMIT OR NONE]

The contractor will obtain the necessary permits and inform the owner of them. An owner who secures a permit personally is excluded from the chapter 142A guaranty-fund provisions. The parties will cooperate on inspections and lawful access. Any schedule adjustment will be recorded in a signed change order.

3. Price, deposit, and payment schedule

Total contract price: $[____]

Finance charges included in that total, if any: $[____] for [DETAILS], or NONE.

Deposit before work begins: $[____], due [__/__/____]. The deposit must not exceed the greater of one-third of the total price or the actual cost of special-order or custom-made materials or equipment ordered in advance for the project. Identify the special-order item and its actual cost if relying on that alternative: [ITEM AND COST OR NONE].

Total of scheduled payments: $[____]; this must match the total contract price above.

No final payment will be demanded until the contract is completed to the parties' satisfaction. Payment method and payee: [DETAILS].

4. Warranties, registration, and owner rights

Contractor's written workmanship warranty: [SCOPE, DURATION, AND CLAIM CONTACT]

Manufacturer warranties delivered with the materials: [LIST OR NONE]

All contractors and subcontractors required to register under M.G.L. c. 142A must be registered with the Director of Consumer Affairs and Business Regulation. Questions about registration should be directed to that Director. Contractor registration number: [NUMBER]. Subcontractor registration numbers: [NUMBERS OR NONE].

The owner retains rights under M.G.L. c. 142A; this agreement does not waive them. Lien or security interest on the residence arising from this contract: [NONE / FULL DESCRIPTION AND ATTACHMENT].

5. Site, insurance, and changes

Owner-provided access, utilities, or selections: [DETAILS]

Contractor's liability and workers' compensation insurance information: [CARRIER, POLICY, CONTACT OR NOT APPLICABLE]

Handling of concealed conditions and requested changes: The contractor will describe the condition or requested change, its price and schedule effect, and obtain the owner's signed approval before additional work. Emergency measures needed to make the site safe: [PROCEDURE].

Cleanup and disposal: [DETAILS]

6. Cancellation rights when applicable

Was this agreement signed by either party somewhere other than the contractor's main or branch business address? ☐ Yes ☐ No.

If M.G.L. c. 93, § 48 applies, the owner has the statutory three-business-day cancellation right. The contractor must give oral notice of that right when signing, use the language principally used in the oral sales presentation, provide the bold front-page statement immediately beside the owner's signature, and attach two completed detachable cancellation notices below. The contractor will not begin services during that cancellation period. If another statutory rescission rule governs, confirm and supply its required notice instead.

Contractor business address for cancellation: [FULL STREET ADDRESS]

Date by which the owner may cancel if § 48 applies: [__/__/____ AT MIDNIGHT]

7. Disputes and other terms

The parties will exchange written descriptions of any dispute at the notice addresses above and may use a mutually agreed lawful resolution process. Massachusetts law governs this agreement. An amendment must be signed by both parties. If a term is unenforceable, the remaining lawful terms continue. No term waives an owner's statutory rights.

Other terms agreed by the parties: [COMPLETE TEXT OR NONE]

8. Signed copy and required cancellation notices

The contractor gives the owner a complete copy signed by both parties at signing, before work begins.

Signed copy delivered to owner on: [__/__/____] by [METHOD]

Notice of Cancellation — copy 1

NOTICE OF CANCELLATION

Transaction date: [__/__/____]

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 payments made by you under the agreement, 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 agreement; 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 NAME] at [CONTRACTOR BUSINESS STREET ADDRESS] not later than midnight of [__/__/____].

I hereby cancel this transaction.

Date: [__/__/____] Buyer's signature: ____________________

Notice of Cancellation — copy 2

NOTICE OF CANCELLATION

Transaction date: [__/__/____]

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 payments made by you under the agreement, 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 agreement; 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 NAME] at [CONTRACTOR BUSINESS STREET ADDRESS] not later than midnight of [__/__/____].

I hereby cancel this transaction.

Date: [__/__/____] Buyer's signature: ____________________

Official references

• M.G.L. c. 142A, §§ 1-2.
• M.G.L. c. 93, § 48.