Maine Home Improvement Contract — Existing Residence, No Addition

Maine Home Improvement Contract — Existing Residence, No Addition

Before signing: Use this form for repair or remodeling of an existing residence with three or fewer living units, without constructing a new building or addition. For a covered project exceeding $3,000 in materials or labor, attach the current Maine Attorney General Home Construction Contract Addendum as Exhibit C. Both parties must receive a copy of this entire signed contract and its attachments before work begins.

1. Parties and Property

This Contract is made on [__/__/____] between:

Work location: [STREET, CITY, MAINE ZIP: ________________________________________________]. The work concerns an existing residence with [____] living units. Contractor will repair or remodel it as described below and in Exhibit A. The work does not include a new building or addition.

2. Work, Materials, and Schedule

Description of work: [____________________________________________________________].

Materials, brands, and specifications: [________________________________________________________]. Attach detailed plans or specifications as Exhibit A and identify the edition and date of each attachment: [________________________________].

Exclusions: [____________________________________________________________].

Estimated work start: [__/__/____]. Estimated substantial completion: [__/__/____]. These dates may change for circumstances beyond Contractor's control, including a site that is not ready or unavailable materials. Contractor will promptly tell Owner the reason and revised estimate in writing.

Contractor shall obtain the permits assigned here: [________________________________]. Owner shall provide reasonable access to the work area on agreed workdays. Each party shall notify the other promptly of conditions materially affecting the agreed work.

3. Price and Payment

Select one pricing method and complete every applicable amount.

☐ Fixed price: Total Contract price, including all costs for proper performance, is $[____________].

☐ Cost plus: Agreed-upon price: $[____________]. Cost-plus formula: [________________________________]. Estimated labor cost: $[____________]. Estimated materials cost: $[____________]. Estimated total: $[____________]. Describe any agreed ceiling or allowance: [________________________________].

Initial down payment: $[____________], due [__/__/____]. This amount shall not exceed one third of the total Contract price. Later payments are due only as follows:

Payment method and address: [____________________________________________________________]. Contractor shall provide an itemized invoice for each payment request. A change in price requires the written change order in Section 6.

4. Statutory Warranty Statement

The following warranty statement is part of this Contract:

"In addition to any additional warranties agreed to by the parties, the contractor warrants that the work will be free from faulty materials; constructed according to the standards of the building code applicable for this location; constructed in a skillful manner and fit for habitation or appropriate use. The warranty rights and remedies set forth in the Uniform Commercial Code apply to this contract"

Additional agreed warranties, if any: [______________________________________________________]. Nothing in this section reduces the statutory warranty statement.

5. Dispute Resolution Choice

The parties may use a small claims action where available. For a dispute that cannot be resolved in that way, complete one of the choices in the following statutory statement:

If a dispute arises concerning the provisions of this contract or the performance by the parties that may not be resolved through a small claims action, then the parties agree to settle this dispute by jointly paying for one of the following (check only one):
(1) Binding arbitration under the Maine Uniform Arbitration Act , in which the parties agree to accept as final the arbitrator's decision ☐;

(2) Nonbinding arbitration, with the parties free to reject the arbitrator's decision and to seek a solution through other means, including a lawsuit ☐; or

(3) Mediation, in which the parties negotiate through a neutral mediator in an effort to resolve their differences in advance of filing a lawsuit ☐

6. Changes to the Work

"Any alteration or deviation from the above contractual specifications that results in a revision of the contract price will be executed only upon the parties entering into a written change order"

Every change order shall state the changed work, the previous Contract price, the revised price, any schedule change, and the signatures of both parties. Use the change-order page at the end of this Contract. Oral instructions do not revise the price.

7. Conditional Notices and Attachments

Mark each applicable item and attach the required information before signing.

☐ This sale is subject to a consumer or home solicitation sales law. A description of the applicable cancellation rights is attached as Exhibit D.

☐ This project installs insulation in an existing residence. The disclosures required by 10 M.R.S. Chapter 219 are attached as Exhibit D.

☐ None of the above conditional items applies.

Attorney General consumer information: The parties attach the current Attorney General Home Construction Contract Addendum as Exhibit C. Consumers are strongly advised to check the Attorney General's current information on enforcing their rights in home construction and repair at https://www.maine.gov/ag/consumer-protection/consumer-help-topics/housing/home-construction-and-repair or by calling the Consumer Protection Division at 1-800-436-2131.

8. Entire Agreement and Notices

This Contract, the signed Exhibits A through D that apply, and later signed change orders are the parties' entire agreement for this project. Contract notices may be sent to the addresses in Section 1 unless a party supplies a new address in writing. Maine law governs this Contract.

9. Signatures and Copies

By signing, each party confirms receipt of a complete copy of this Contract and all applicable exhibits before work begins.

Homeowner or lessee: [________________________________] Date: [__/__/____]

Contractor or authorized representative: [________________________________] Date: [__/__/____]

Printed name and title: [________________________________________________________]

Exhibits attached: ☐ A — scope/plans ☐ B — payment or cost schedule ☐ C — current Attorney General addendum ☐ D — applicable conditional notices

Change Order to This Contract

Change order number: [____] Date: [__/__/____]

Requested change and revised materials: [________________________________________________]

Reason: [____________________________________________________________]

Previous Contract price: $[____________]. Price change: ☐ Add $[________] ☐ Deduct $[________]. Revised Contract price: $[____________].

Revised estimated substantial completion, if changed: [__/__/____]. All other Contract terms continue unless stated here: [________________________________].

Homeowner or lessee: [________________________________] Date: [__/__/____]

Contractor or authorized representative: [________________________________] Date: [__/__/____]

Sources and References

• Maine Revised Statutes, 10 M.R.S. § 1486
• Maine Revised Statutes, 10 M.R.S. § 1487
• Maine Revised Statutes, 10 M.R.S. § 1488
• Maine Attorney General Home Construction Contract Addendum