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Assembly Bill A3189

2009-2010 Legislative Session

Requires that every home improvement contract contain a provision regarding notice to owners if the contractor uses the services of a subcontractor

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Archive: Last Bill Status - In Assembly Committee

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2009-A3189 (ACTIVE) - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Amd ยง771, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:
A934, A8382

2009-A3189 (ACTIVE) - Summary

Requires that every home improvement contract contain a provision regarding notice to owners purchasing home improvement contracts that the contractor performing on a contract shall provide written notice of any subcontractors that may be performing work relating to such contract; defines terms.

2009-A3189 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3189

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2009
                               ___________

Introduced by M. of A. PHEFFER, GABRYSZAK -- Multi-Sponsored by -- M. of
  A. ALFANO, BARRA -- read once and referred to the Committee on Consum-
  er Affairs and Protection

AN  ACT to amend the general business law, in relation to requiring that
  every home improvement contract contain a provision  regarding  notice
  to owners if the contractor uses the services of a subcontractor

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 771 of the general business law is
amended by adding a new paragraph (i) to read as follows:
  (I) A NOTICE TO THE OWNER PURCHASING THE  HOME  IMPROVEMENT  THAT  THE
CONTRACTOR  WHO PERFORMS ON THE CONTRACT SHALL, PRIOR TO COMMENCEMENT OF
ANY  WORK,  DEMOLITION  OR  CONSTRUCTION,  PROVIDE  WRITTEN  NOTICE  AND
DISCLOSE  TO  SUCH OWNER THE NAME, ADDRESS, TELEPHONE NUMBER AND LICENSE
NUMBER, IF APPLICABLE, OF ANY SUBCONTRACTORS THAT MAY BE PERFORMING  ANY
WORK  RELATING  TO THE HOME IMPROVEMENT CONTRACT.  THE CONSUMER RESERVES
THE RIGHT TO CANCEL SUCH CONTRACT, WITHOUT  PENALTY  AND  ONLY  PAY  FOR
SERVICES  RENDERED TO DATE, UPON SUCH NOTIFICATION.  FOR THE PURPOSES OF
THIS PARAGRAPH, THE TERM "OWNER" SHALL MEAN OWNER OR ANY  REPRESENTATIVE
OF AN OWNER.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law and shall apply to home improvement contracts  entered
into on and after such effective date.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06619-01-9


              

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