CLEARFIELD – Clearfield County District Attorney, William A. Shaw, Jr., announced today that he was extremely pleased with passage of the Home Improvement Consumer Protection Act.

Shaw reported that Act 132 was signed by the Governor on October 17, 2008, and becomes effective on July 1, 2009. "This could not be better timing," Shaw said.

Following a long and difficult winter, many home owners are going to require home improvements and roof repairs. It is unfortunate that seniors who are in desperate need of home repairs are swindled by unsavory contractors. "Every year my office receives a number of complaints from senior citizens who have been ripped-off."

Shaw said that in the past it was extremely difficult to prosecute contractors who failed to perform agreed upon home improvement repairs after receiving payment. Under those circumstances, the issue was controlled by principals of contract law and was required to be resolved in civil court, as opposed to criminal court. In the past, many seniors who were unable to afford the cost of a private attorney were left with few options.

The new law now makes it possible to prosecute contractors in criminal court for breaching a civil agreement. Shaw said that Act 132 makes home improvement fraud against persons over 60 a felony offense. Violators face a fine and up to seven years in prison.

Shaw reported that the new law requires home improvement contractors to register with the State Bureau of Consumer Affairs on a biennial basis for a fee of $50.00. Registered contractors will receive a registration certificate and registration number that must be displayed on all advertisements, home improvement contracts, estimates, and proposals. The registration requirement will assist law enforcement with the ability to track down and locate contractors when a complaint is made.

Additionally, Act 132 requires home improvement contractors to maintain liability insurance covering personal injury in an amount of not less than $50,000.00 and insurance covering property damage caused by the work of a contractor in an amount of not less than $50,000.00.

Shaw noted that Act 132 does not apply to new home construction and is intended to protect from home improvement fraud. Act 132 further requires home improvement contracts to be in writing and to be legible. Home improvement contracts must contain specific elements that are outlined in Act 132 in order for the contract to be valid and enforceable against a home owner.

To be in compliance with Act 132, Shaw encourages all home improvement contractors to register with the State prior to July 1, 2009. Shaw noted that the great majority of contractors are good, honest, hardworking people and Act 132 will give these folks the benefit of a written and detailed agreement on the home improvement project.

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