Vermont Residential Home Improvement Contract

Vermont Residential Home Improvement Contract

Contract date: [DATE] Project address: [STREET ADDRESS, CITY, VT ZIP]

Homeowner: [FULL NAME, MAILING ADDRESS, PHONE, EMAIL]

Contractor: [LEGAL NAME, BUSINESS ADDRESS, PHONE, EMAIL]

Vermont residential contractor registration number: [NUMBER] Expiration: [DATE]

This agreement is between the Homeowner and the Contractor identified above. It is for residential construction on a dwelling or premises with four or fewer residential units, by a registered contractor, where the estimated labor and materials exceed $10,000. The parties sign it before the Contractor receives a deposit or begins work. Confirm that the work and contractor are within 26 V.S.A. §§ 5501-5502 before use.

1. Work and materials

Work to be performed, including location, dimensions, and included tasks: [DETAILED SCOPE]

Materials, products, model numbers, quantities, and who supplies them: [DETAILED MATERIALS]

Plans and specifications incorporated as signed exhibits: [EXHIBIT NUMBERS OR NONE]

Excluded work: [LIST OR NONE] Permits and inspections to be arranged by: [PARTY AND DETAILS]

The Contractor will perform the described work in a workmanlike manner and follow applicable permits and approved specifications. An added or substituted task or material requires a signed written change order under Section 5.

2. Estimated work dates

Estimated start date: [DATE] Estimated completion date: [DATE]

Work hours and access arrangements: [DETAILS]

The Contractor will promptly notify the Homeowner of a material schedule change and state its cause and revised estimate. A change to the contract's terms must be documented in a signed writing.

3. Price method — select exactly one

☐ Fixed maximum price: Total price for all work and materials will not exceed $[MAXIMUM]. Labor component: $[AMOUNT]. Materials component: $[AMOUNT].

☐ Time and materials with maximum: Labor rate(s) [RATE AND BASIS], materials charged at [BASIS]; total billing and payment will not exceed $[MAXIMUM]. Estimated labor cost: $[AMOUNT]. Estimated material price: $[AMOUNT].

☐ Time and materials without maximum: Labor rate(s) [RATE AND BASIS], materials charged at [BASIS]. There is no maximum price. Estimated labor cost: $[AMOUNT]. Estimated material price: $[AMOUNT].

Taxes and other stated charges included or separately billed: [DETAILS]

The selected method and any attached schedule control the price. The Contractor will provide invoices showing work, materials, and amounts charged. No unsigned change order increases a stated maximum.

4. Down payment and progress payments

Down payment due after both parties sign: $[AMOUNT] Payment method: [METHOD]

For either maximum-price choice in Section 3, calculate the highest permitted down payment under 26 V.S.A. § 5509(c)(1): one-half of the labor cost to the consumer or one-half of the price of materials, whichever is greater. Calculated cap: $[AMOUNT]. The stated down payment must not exceed that cap. For the no-maximum time-and-materials choice, the parties may negotiate the down payment under § 5509(c)(2).

Payment address or account: [DETAILS] Invoice review period: [NUMBER] days.

5. Changes

Either party may propose a change in writing. Before changed work begins, both parties will sign a change order identifying the revised work and materials, any price or maximum-price adjustment, and any effect on the estimated dates. No oral instruction alone amends this agreement. Attach each signed change order to both copies of the contract.

6. Site, completion, and dispute details

The Homeowner will provide the agreed access to the work area. The Contractor will keep the work area reasonably orderly, remove project debris at [TIMES], and identify any concealed condition requiring a proposed change order. The parties will record remaining punch-list items on a dated list at substantial completion.

Contractor's insurance carrier and policy reference: [DETAILS]

Notice address for Contractor: [POSTAL ADDRESS AND EMAIL]

Notice address for Homeowner: [POSTAL ADDRESS AND EMAIL]

Vermont law governs this agreement. The parties may seek relief in a court with jurisdiction over the dispute. The terms of this agreement and its signed exhibits and change orders are the complete agreement.

7. Home solicitation sale check

Complete this check before signature. Under 9 V.S.A. § 2451a(4), a sale solicited or completed at the consumer's residence, workplace, or other listed location, or partly by telephone, may be a home solicitation sale unless a statutory exclusion applies.

☐ This transaction is a home solicitation sale. Complete the cancellation statement immediately next to the Homeowner signature, attach two completed, easily detachable copies of the statutory notice in the attachment below, print the statement and notices in at least 10-point bold type, give the Homeowner a completed contract copy, and orally explain the right to cancel at the transaction.

☐ This transaction is not a home solicitation sale. Reason and supporting facts or statutory exclusion: [DETAILS].

Cancellation deadline if applicable: midnight on [DATE, AT LEAST THE THIRD BUSINESS DAY AFTER CONTRACT DATE]

8. Signatures

Homeowner: ______________________________ Date: [DATE]

If this is a home solicitation sale, print this statement in at least 10-point bold type immediately beside the Homeowner signature on the signed copy:

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 for an explanation of this right.

Additional homeowner: ____________________ Date: [DATE]

Contractor authorized signer: ______________ Title: [TITLE] Date: [DATE]

Completed copy delivered to Homeowner on: [DATE, METHOD]

Attachment: statutory cancellation notice, only for a home solicitation sale

Complete two copies with the transaction date, Contractor name and business address, and cancellation deadline. Print each in at least 10-point bold type and make each easily detachable from the signed contract or receipt. Give both copies to the Homeowner. The text below is the notice printed in 9 V.S.A. § 2454(b)(2)(A); fill its blanks before delivery.

Homeowner copy 1 — detach and deliver

NOTICE OF CANCELLATION

Transaction date: [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 contract or sale, and any
negotiable instrument executed by you will be returned within 10 business days following receipt by
the seller of your cancellation notice, and any security interest arising out of the transaction
will be canceled.

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 20 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 ADDRESS]
not later than midnight of [CANCELLATION DEADLINE]

I hereby cancel this transaction.

Date: [DATE] Buyer’s signature: [BUYER SIGNATURE]

Homeowner copy 2 — detach and deliver

NOTICE OF CANCELLATION

Transaction date: [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 contract or sale, and any
negotiable instrument executed by you will be returned within 10 business days following receipt by
the seller of your cancellation notice, and any security interest arising out of the transaction
will be canceled.

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 20 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 ADDRESS]
not later than midnight of [CANCELLATION DEADLINE]

I hereby cancel this transaction.

Date: [DATE] Buyer’s signature: [BUYER SIGNATURE]

Sources and references

• 26 V.S.A. Chapter 106 — registration, covered work, contract contents, and down-payment rule.
• 9 V.S.A. § 2451a — home solicitation definition and exclusions.
• 9 V.S.A. § 2454 — cancellation right and required statement and notice.