THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MAHER, MARCH 29, 2010

REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, MARCH 29, 2010  

AN ACT

Amending the act of October 17, 2008 (P.L.1645, No.132),

entitled "An act providing for the regulation of home

improvement contracts and for the registration of certain

contractors; prohibiting certain acts; and providing for

penalties," further providing for home improvement contracts.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 7(e) of the act of October 17, 2008

(P.L.1645, No.132), known as the Home Improvement Consumer

Protection Act, is amended to read:

Section 7.  Home improvement contracts.

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(e)  Voidable clauses.--If a home improvement contract

contains any of the following clauses, [the home improvement

contract shall be voidable by] the clause shall be void and

unenforceable against the owner, except that the clause

described in paragraph (11) shall be enforceable if the

conditions specified in paragraph (11)(i), (ii) and (iii) are

met:

(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)  (Reserved).

(6)  An assignment of or order for payment of wages or

other compensation for services.

(7)  A provision by which the owner agrees not to assert

any claim or defense arising out of the contract.

(8)  A provision that the contractor shall be awarded

attorney fees and costs.

(9)  A clause by which the owner relieves the contractor

from liability for acts committed by the contractor or the

contractor's agents in the collection of any payments or in

the repossession of any goods.

(10)  A waiver of any rights provided under this act.

(11)  A provision providing for the automatic or

recurring renewal of any provisions of the agreement, unless:

(i)  the contract establishes a procedure by which

the owner can choose not to renew the provision or

provisions, thereby avoiding any new fees or charges, by

providing written notice to the contractor via first

class mail postmarked no later than three business days

prior to any renewal;

(ii)  such procedure is clearly and conspicuously

disclosed in the agreement; and

(iii)  the contract includes a provision requiring

the contractor to notify the owner of any automatic or

recurring renewal, and the owner's option to cancel such

renewal, by mail, not earlier than 20 days and not later

than ten days prior to the date of any such renewal.

* * *

Section 2.  This act shall take effect in 60 days.