CONTRACTORS STATE LICENSE BOARD
California Department of Consumer Affairs
Contracting for Success
A C G 
H I C
TABLE OF CONTENTS
> Introduction 1
> Contracts The Ground Rules 2
> Nuts and Bolts –
Putting the Contract Together 3
> Description of Work to be Done 5
> Progress Payment Schedule
Worksheet 7
> Sample Contract 10
> Notifi cations and Disclosure
Statements 11
> Change Orders 11
> Three-Day Right to Cancel 15
> Seven-Day Right to Cancel 17
> Common Problems With
Home Improvement Contracts 19
> Service and Repair Contracts 20
> Resources 22
NOTE: This booklet contains legal guidelines for “home improvement” and “service and repair” contracts.
It does not contain defi nitive statements of the law or a precise copy of a legal contract. If you have
questions about the application of the law for specifi c situations, you should contact an attorney who
is familiar with the construction business.
A CONTRACTOR’S GUIDE TO HOME IMPROVEMENT CONTRACTS
1
INTRODUCTION
Dear Contractor,
A contract is one of the most important tools you have to help
you have a successful business. A well written contract can help
open the lines of communication between you and your client. A
badly written contract can quickly lead to miscommunication and
misunderstandings; problems that could land you in court or under
investigation by the Contractors State License Board (CSLB).
Contracting for Success was written to help you understand the
diff erent elements that are required to be in all home improvement
contracts. It also explains the state requirements for Service and
Repair contracts. Please review this booklet closely and make sure
your contracts follow California law. We also encourage you to use
the other materials available to you for free on the CSLB website:
www.cslb.ca.gov.
e CSLB hopes that by making this information available, we can
help you strengthen your management and service skills. Please help
us by doing your part to protect California consumers.
Sincerely,
C S L B
CONTRACTS – THE GROUND RULES
ere are several basic elements that all Home Improvement
Contracts must legally contain:
> A home improvement contract and any changes to the contract
must be in writing and signed by all parties.  e writing must
be legible and printed forms must be readable.
> Before any work is started, the contractor must give the buyer
a copy of the contract signed and dated by both the contractor
and the buyer.
> Unless a larger typeface is specifi ed in the law (Business and
Professions Code 7159), text in any printed form shall be in
at least 10-point typeface and the headings shall be in at least
10-point boldface type.
(Example of 10-point bold)
> Except for a down payment, a contractor cant demand
or accept payment for work or materials until the work is
actually done or the materials are delivered.  e down
payment may not exceed $1,000 or 10 percent of the
contract amount, whichever is less.
> If the contract includes a salesperson's commission in the
contract price, the payment to the salesperson shall be made
on a pro rata basis in proportion to the schedule of payments
made to the contractor.
>  e contract must also contain the name and registration
number of the salesperson.
A CONTRACTOR’S GUIDE TO HOME IMPROVEMENT CONTRACTS
3
[A] NUTS AND BOLT -
PUTTING THE CONTRACT TOGETHER
Contracts can vary according to personal and business needs. California
law (Civil Code: 1689.7) does require the following elements in all home
improvement and swimming pool contracts. Service and Repair Contracts
are diff erent. (For details on those diff erences see page 20.)
[A.1]
CONTRACTOR INFORMATION
e name, business address, and license number of the contractor. If applicable, the
name and registration number of the home impro
vement salesperson that solicited
or negotiated the contract.
Example:
[A.2]
IDENTIFY THE CONTRACT
Identify the type of contract in at least
10-point boldface type: “Home Improvement”.
(Also see “Service and Repair Contracts” on page 20.)
Example:
CONSTRUCTION CONTRACT
(Home Improvement)
This Construction Contract entered into by and between EFG and…
[A.3] CONSUMER NOTIFICATION
Insert the following statement in at least 12-point boldface type:
“You are entitled t
o a completely fi lled in copy of this
agreement, signed by both you and the contractor,
before any work may be started.
CONTRACTING FOR SUCCESS
4
[A.4] DESCRIBE WORK
“Description of the Project and Description of the Signifi cant
Materials to be Used and Equipment to be Installed”
is should be followed by a description of the project along with what materials will
be used and what equipment will be installed. Swimming pools go further, requiring
a plan and scale drawing showing the shape, size, dimensions, construction and
equipment specifi cations.  e more details that are included, the less chance there
is for misunderstandings. (Get more details about putting together accurate work
descriptions on the next page.)
Example:
Description of the Project and Description of the Signifi cant
Materials to be Used and Equipment to be Installed.
Contractor will furnish all labor, materials, equipment,
supervision, and contract administration to complete in a good
and workmanlike manner the following: Alterations to home of
Owner, located at [address] (the “Project”), as described more
fully in the drawings prepared by [design professional ], Sheets
1-___, dated_____________. By this reference, those drawings are
incorporated in and made a part of this Contract. Contractors
scope of work under this Contract does not include any of the
following items:_____________________________________________.
2. DESCRIPTION OF MATERIALS AND EQUIPMENT.
The materials and equipment to be used in the construction
of the Project are described more fully in the specifi cations
prepared by [designer name], dated _____________. By this
reference, those specifi cations are incorporated in and made
part of this contract.
[A] PUTTING THE CONTRACT TOGETHER Continued
DESCRIPTION OF WORK TO BE DONE
(THE SIGN OF A WELL-BUILT CONTRACT)
The best way to avoid disputes over what is or isnt expected from a
home improvement job is to write out the details in a contract.
The contract should be as specifi c as possible regarding all materials to
be used, such as the quality, quantity, weight, color, size, or brand name
as it may apply.
For example, the contract should say “Install oak kitchen cabinets,
manufactured by Company XYZ, model 01381A, as per the plan,” not just
“Install kitchen cabinets.
DESCRIBING THE JOB – THE GOOD, THE BAD AND THE UGLY
THE GOOD THE BAD THE UGLY
Install kitchen cabinets manufactured by
Company XYZ, model ABC, per plan.
Install oak country
style kitchen
cabinets
Install kitchen
cabinets
Paint indoor entry (per plan) using brand X paint,
color ABC, two coats, with preparation described
in next paragraph.
Prep and paint
entryway with
blue paint
Paint the entry
Install brand X kitchen faucet in style ABC
and color BCS.
Kitchen faucet
replaced if
necessary
Replace kitchen
xtures
Swimming pool contracts must include a plan and scale drawing
showing the shape, size dimensions, and construction and equipment
specifi cations.
Make sure the contract includes everything that is agreed to, up to
and including complete cleanup and removal of debris and materials,
and special requests, like saving lumber for fi rewood or saving certain
materials or appliances. Also, note any work that will be done by the
homeowner.
CONTRACTING FOR SUCCESS
6
[A.5] THE PRICE
Use the heading: “CONTRACT PRICE” followed by the amount of the contract
in dollars and cents. If a fi nance charge will be charged, the heading: “FINANCE
CHARGE” followed by the amount in dollars and cents.  e nance charge must be
separate from the contract amount. ( e contract amount must include the entire cost
of the contract, including profi t, labor, and materials, but excluding fi nance charges.)
Example:
THE CONTRACT PRICE
Owner shall pay Contractor the fi xed sum of $______________
(the “Contract Price”) for the work to be performed under
this Contract, subject to additions and deductions pursuant
to change orders agreed upon in writing by the parties, and
subject to “allowances” as provided in this Paragraph 3.
e Contract Price can include specifi c dollar amounts that are set aside for certain
materials, fi nishes, fi xtures, and other items that have not been selected or decided upon
by the Owner.  ese allowances from the Contractor include all overhead and profi t, plus
all applicable sales taxes. If the fi nal cost of any item covered by the allowance is more or
less than the dollar amount listed, the Contract Price will be increased or decreased by a
written change order from the Contractor.
[A.6]
DOWN PAYMENT
If a down payment is charged, the details of the down payment shall be stated in the
following form:
(A)  e heading: “DOWN PAYMENT”
(B) A space where the actual down payment appears.
(C)  e following statement in at least 12-point boldface type:
“THE DOWN PAYMENT MAY NOT EXCEED $1,000 OR 10
PERCENT OF THE CONTRACT PRICE, WHICHEVER IS LESS.
[A.7]
PROGRESS PAYMENTS
If any payments (other than the down payment) are required before the project is
completed, the details must be spelled out in the following format:
(A) A schedule of progress payments shall be preceded by the heading:
“SCHEDULE OF PROGRESS PAYMENTS.
[A] PUTTING THE CONTRACT TOGETHER Continued
PROGRESS PAYMENT SCHEDULE WORKSHEET
This worksheet is to help you determine the progress payment schedule
you will use in your Home Improvement Contract.
The information should be transferred to the actual contract.
Note: This worksheet should NOT be included with the contract.
1. Total Contract Price $
2. Down Payment (10 percent or $1,000, whichever is less) $
3. Amount Remaining to be Billed to Customer
(Subtract Line #2 from Line #1 above)
= $
Remember: Except for the original down payment (Line #2 above), it is
against the law for you to get paid before you do the work, or for materials
before they have been delivered.
In the left column below list the work or services that you will perform for a
particular phase of the project. In the right column show the amount of money
the customer should pay you when that portion of the project is complete.
Work or Service
Performed
Amount Due
on Completion
4. $
5. + $
6. + $
7. + $
8. + $
9. + $
10. + $
11. Amount of Progress Payments =
(This should equal the fi gure in Line #3 above)
$
CONTRACTING FOR SUCCESS
8
(B) Each progress payment shall be stated in dollars and cents and specifi cally
reference the amount of work or services to be performed and any materials
and equipment to be supplied.
(C)  e section of the contract reserved for the progress payments shall include
the following statement in at least 12-point boldface type
"The schedule of progress payments must specifi cally describe
each phase of work, including the type and amount of work or
services scheduled to be supplied in each phase, along with the
amount of each proposed progress payment. IT IS AGAINST
THE LAW FOR A CONTRACTOR TO COLLECT PAYMENT FOR
WORK NOT YET COMPLETED, OR FOR MATERIALS NOT YET
DELIVERED. HOWEVER, A CONTRACTOR MAY REQUIRE A
DOWN PAYMENT." (12-point bold)
[A.8]
THE WORK TIME FRAME
e contract should describe the work schedule in the following form:
A statement that describes what the “start of work” consists of, a heading of
"APPROXIMATE START DATE" and the approximate date when the
work will start.
Under the heading: "APPROXIMATE COMPLETION DATE”,
put in approximate date of completion.
Example:
START AND COMPLETION OF WORK
The work to be performed under this Contract shall be
commenced on approximately [date], as long as any required
building permits are received and any agreed upon funds
are paid to Contractor. The Project shall be completed by
approximately [date], subject to permissible delays as defi ned
in this contract.
[A.9]
CONSUMER NOTICES
“LIST OF DOCUMENTS TO BE INCORPORATED
INTO THE CONTRACT”
Use this statement followed by the list of papers if additional documents need
to be added into the contract.
A CONTRACTOR’S GUIDE TO HOME IMPROVEMENT CONTRACTS
9
CONSUMER NOTICES Continued
Insert: “Note about Extra Work and Change Orders”
followed by the following statement:
“Extra Work and Change Orders become part of the contract
once the order is prepared in writing and signed by the parties
prior to the commencement of any work covered by the new
change order. The order must describe the scope of the extra
work or change, the cost to be added or subtracted from the
contract, and the effect the order will have on the schedule
of progress payments.
ADDITIONAL CONSUMER NOTICES
All of the following notices must be provided to consumers in the contract or,
in some cases they can be added as an attachment if the law allows.
> Commercial General Liability Insurance
> WorkersCompensation Insurance
> Performance of Extra or Change-order Work Notice
> Mechanics’ Lien Warning
> Contractors Board Notice
CANCELLATION NOTICE
More information about these notices and how they should be presented is
outlined in pages 15-18.
[A.10]
THE BOTTOM LINE
Places for signatures of contractor, salespersons and representatives, consumers,
along with todays date.
[A] PUTTING THE CONTRACT TOGETHER Continued
EFG CONSTRUCTION, INC.
DATED:
PROPERTY OWNER
DATED:
By:
Arnold W. Mason, President or Salesperson
Owner’s Name Registration#
[A.9]
NOTE: You can get sample contracts from trade associations, off the Web
, and through
other legal publications. It is always advisable to have an attorney or legal expert check out
your contracts to make sure they are accurate and up-to-date.  ere have been a number of
recent changes in contract law that could aff ect the validity of older forms.
SAMPLE CONTRACT
1234 Address – Santa Sierra, CA 90000 – License # 12345 (Earthwork and Paving)
CONSTRUCTION CONTRACT
(Home Improvement)
This Construction Contract (“Contract”) is entered into by and between EFG Construction, Inc.
(“Contractor”) and ______________________________ (“Owner”), whose residence address is
______________________________, and whose project address is ______________________________.
“You are entitled to a completely fi lled in copy of this agreement, signed
by both you and the contractor, before any work may be started.
1. DESCRIPTION OF WORK.
2. DESCRIPTION OF MATERIALS AND EQUIPMENT.
3. THE CONTRACT PRICE. Gue elis eu feum ing elis nim vulluptat
4. PAYMENT SCHEDULE. El et eu feugait utatetum dolore consequat. Ut ulla consed
dolor inciduisim aut iustisseniam nonum zzrilit vel ute magnissi exeraes tissis:
$__________ upon signing this Contract;
5. START AND COMPLETION OF WORK. Put wissequis doloborem nosto consequat
6. PERMITS AND TESTS. Vulputat praestie velenibh euissim volorpe rcilit ver irillum volor
8. PERMISSIBLE DELAYS. Facinci liquisl essim dolorpe raesse faciduisi
9. EXTRA WORK. Exerat nonse ero commy numsandre molor accum et am do cor
10. RELEASE OF MECHANICS’ LIENS. Sum quipit veros ent in ullam, consequam veril
11. ATTORNEY’S FEES. quis dolore dolobore feugiat incil init alit iliquam consed moluptat
ipit erat, quat, core tis enisisi smolobore mincilis at la commy nim dit lut.
12. CONTRACTORS REQUIRED TO BE LICENSED. Irit acidunt eugait acilis accum dui tion
13. COMPLETE AGREEMENT. Ure tis nullamet, commy niscidunt praestie veniat
14. OWNER’S RIGHT OF CANCELLATION. Ut ulla consed dolor inciduisim aut iustisseniam
nonum zzrilit vel ute magnissi exeraes tissis ad tet, sim quis duipis acipit nit accum
velit augiat
EFG CONSTRUCTION, INC.
DATED:
PROPERTY OWNER
DATED:
By:
Arnold W. Mason, President or Salesperson
Owner’s Name Registration#
A CONTRACTOR’S GUIDE TO HOME IMPROVEMENT CONTRACTS
11
[B] NOTIFICATION AND
DISCLOSURE STATEMENTS
Home improvement and swimming pool contracts in California are
required to have a number of notices for consumers. Some of these
notices must be in the main body of the contract and others may be
attached as a separate piece of paper.
Service and Repair contracts are slightly diff erent. See page 20 for details
about notifi cations in Service and Repair contracts.
e following is a list of notifi cations and how they should be presented.
[B.1]
EXTRA WORK AND CHANGE ORDERS
On the contract insert the heading: “NOTE ABOUT EXTRA WORK AND
CHANGE ORDER
S
,
followed by the following statement:
“Extra Work and Change Orders become part of the contract once
the order is prepared in writing and signed by the parties prior
to the commencement of any work covered by the new change
order. The order must describe the scope of the extra work or
change, the cost to be added or subtracted from the contract,
and the effect the order will have on the schedule of progress
payments.
CHANGE ORDERS
Disputes frequently arise over “changes” or extras”. First of all, in
order to determine if something is extra or outside the scope of the
original agreement, contractors must see what the original contract
says. If the original agreement is well defi ned, it will be easier to
determine if something is extra.
Change orders are required to perform extra or changed work.
Change order forms become a part of the contract once the
contractor and the homeowner sign them. The order must describe
the scope of the extra work or change, the cost to be added or
subtracted from the contract, and the effect the order will have
on the schedule of progress payments. Change orders can also be
written for the removal of items from the original agreement. All
change orders must be in writing.
CONTRACTING FOR SUCCESS
12
[B.2] COMMERCIAL GENERAL LIABILITY INSURANCE
is notice may be provided as an attachment to the contract if the contract includes
the following statement: “A notice concerning commercial general liability insurance is
attached to this contract.
e notice shall include the heading: “COMMERCIAL GENERAL LIABILITY
INSURANCE (CGL)” followed by whichever of the following statements is correct:
(A) “(The name on the license or ‘This contractor’) does not
carry commercial general liability insurance.
(B) “(The name on the license or ‘This contractor’) carries
commercial general liability insurance written by (the
insurance company). You may call the (insurance company)
at __________ to check the contractors insurance coverage.
(C) “(The name on the license or ‘This contractor’) is self-insured.
[B.3]
WORKERS’ COMPENSATION INSURANCE.
is notice may be provided as an attachment to the contract if the contract includes
the statement: A NOTICE CONCERNING WORKERS’ COMPENSATION
INSURANCE IS ATTACHED TO THIS CONTRACT.
e notice shall include the heading: “WORKERS’ COMPENSATION
INSURANCE” followed by whichever of the following statements is correct:
(A) “(The name on the license or ‘This contractor’) has no
employees and is exempt from workers’ compensation
requirements.
(B) “(The name on the license or ‘This contractor’) carries
workers’ compensation insurance for all employees.
[B.4]
PERFORMANCE OF EXTRA OR CHANGE-ORDER WORK NOTICE
(A) A statement telling the buyer that a contractor is not required to perform
additional work or changes without written approval in a “Change Order
before any of the new work is started.
(B) A statement informing the buyer that extra work or a change order is not
enforceable against a buyer unless the change order also identifi es all of the
following in writing prior to the commencement of any work covered by
the new change order:
(i)  e scope of work encompassed by the order.
(ii)  e amount to be added or subtracted from the contract.
(iii)  e eff ect the order will make in the progress payments or the
completion date.
A CONTRACTOR’S GUIDE TO HOME IMPROVEMENT CONTRACTS
13
PERFORMANCE OF EXTRA OR CHANGE-ORDER WORK NOTICE Continued
(C) A statement informing the buyer that the contractors failure to comply
with the requirements of this paragraph does not preclude the recovery of
compensation for work performed based upon legal or equitable remedies
designed to prevent unjust enrichment.
[B.5]
MECHANICS’ LIEN WARNING
All contracts must contain the following statement and heading:
“MECHANICS LIEN WARNING:”
Anyone who helps improve your property, but who is not paid,
may record what is called a mechanics’ lien on your property.
A mechanics’ lien is a claim, like a mortgage or home equity
loan, made against your property and recorded with the
county recorder.
Even if you pay your contractor in full, unpaid subcontractors,
suppliers, and laborers who helped to improve your property
may record mechanics’ liens and sue you in court to foreclose
the lien. If a court fi nds the lien is valid, you could be forced to
pay twice or have a court of cer sell your home to pay the lien.
Liens can also affect your credit.
To preserve their right to record a lien, each subcontractor and
material supplier must provide you with a document called
a ‘20-day Preliminary Notice.’ This notice is not a lien. The
purpose of the notice is to let you know that the person who
sends you the notice has the right to record a lien on your
property if he or she is not paid.
BE CAREFUL. The Preliminary Notice can be sent up to 20 days
after the subcontractor starts work or the supplier provides
material. This can be a big problem if you pay your contractor
before you have received the Preliminary Notices. You will not
get Preliminary Notices from your prime contractor or from
laborers who work on your project. The law assumes that you
already know they are improving your property.
PROTECT YOURSELF FROM LIENS. You can protect yourself
from liens by getting a list from your contractor of all the
[B] NOTIFICATION AND
DISCLOSURE STATEMENTS
Continued
[B.4]
CONTRACTING FOR SUCCESS
14
subcontractors and material suppliers that work on your project.
Find out from your contractor when these subcontractors
started work and when these suppliers delivered goods
or materials. Then wait 20 days, paying attention to the
Preliminary Notices you receive.
PAY WITH JOINT CHECKS. One way to protect yourself is to
pay with a joint check. When your contractor tells you it is
time to pay for the work of a subcontractor or supplier who
has provided you with a Preliminary Notice, write a joint check
payable to both the contractor and the subcontractor or
material supplier.
For other ways to prevent liens, visit CSLB’s website at
www.cslb.ca.gov or call CSLB at 1-800-321-CSLB (2752).
Remember, if you do nothing, you risk having a lien placed on
your home. This can mean that you may have to pay twice, or
face the forced sale of your home to pay what you owe.
CONTRACTORS BOARD NOTICE
[B.6]
e following notice shall be inclided in at least 12-point typeface under
the heading:
“INFORMATION ABOUT THE CONTRACTORS
STATE LICENSE BOARD (CSLB)
CSLB is the state consumer protection agency that licenses and
regulates construction contractors. Contact CSLB for information
about the licensed contractor you are considering, including
information about disclosable complaints, disciplinary actions
and civil judgments that are reported to CSLB. Use only licensed
contractors. If you fi le a complaint against a licensed contractor
within the legal deadline (usually four years), CSLB has authority
to investigate the complaint. If you use an unlicensed contractor,
CSLB may not be able to help you resolve your complaint. Your
only remedy may be in civil court, and you may be liable for
damages arising out of any injuries to the unlicensed contractor
or the unlicensed contractor’s employees.
For more information:
VISIT CSLB’s website at www.cslb.ca.gov
CALL CSLB at 1-800-321-CSLB (2752)
WRITE CSLB at P.O. Box 26000, Sacramento, CA 95826”
A CONTRACTOR’S GUIDE TO HOME IMPROVEMENT CONTRACTS
15
[B.7] “THREE-DAY RIGHT TO CANCEL
A “ ree-Day Right to Cancel,” notice must be provided to the buyer unless the
contract is: negotiated at the contractors place of business, subject to the “Seven-Day
Right to Cancel,” or subject to licensure under the Alarm Company Act, or is a Service
and Repair Contract.  is notice should be in 12-point boldface type. ere should
be a place near the notice for the consumers signature. It should be written in the same
language (e.g., Spanish) that was used in any oral sales presentation.
“THREE-DAY” RIGHT TO CANCEL
“You, the buyer, have the right to cancel this contract within
three business days. You may cancel by e-mailing, mailing, faxing,
or delivering a written notice to the contractor at the contractors
place of business by midnight of the third business day after you
received a signed and dated copy of the contract that includes
this notice. Include your name, your address, and the date you
received the signed copy of the contract and this notice.
If you cancel, the contractor must return to you anything you
paid within 10 days of receiving the notice of cancellation. For
your part, you must make available to the contractor at your
residence, in substantially as good condition as you received it,
any goods delivered to you under this contract or sale. Or, you
may, if you wish, comply with the contractors instructions on
how to return the goods at the contractors expense and risk.
If you do make the goods available to the contractor and the
contractor does not pick them up within 20 days of the date of
your notice of cancellation, you may keep them without any
further obligation. If you fail to make the goods available to the
contractor, or if you agree to return the goods to the contractor
and fail to do so, then you remain liable for performance of all
obligations under the contract.
e notice may be attached to the contract if the contract includes, in at least
12-point boldface type, a check box with the following statement:
“The law requires that the contractor give you a notice explaining
your right to cancel. Initial the check box if the contractor has
given you a ‘Notice of the Three-Day Right to Cancel.’”
e notice shall be accompanied by a completed form in duplicate, captioned
“Notice of Cancellation,” which shall also be attached to the agreement or o er to
purchase and be easily detachable, and which shall contain the following statement
written in the same language, e.g., Spanish, as used in the contract on the next page.
NOTICE OF RIGHT TO CANCEL
Notice of Cancellation
_________________________
(Enter date of transaction)
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 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 sellers 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:
(Name of seller)
at
(Address of sellers place of business)
not later than midnight of
(Date)
I hereby cancel this transaction
(Date)
(Buyers signature)
A CONTRACTOR’S GUIDE TO HOME IMPROVEMENT CONTRACTS
17
[B.8] “SEVEN-DAY RIGHT TO CANCEL”
is notice is to be provided to the buyer for any contract that is written for the repair
or restoration of residential premises damaged by any sudden or catastrophic event
for which a state of emergency has been declared by the President of the United States
or the Governor, or for which a local emergency has been declared by the executive
offi cer or governing body of any city, county, or city and county:
“SEVEN-DAY RIGHT TO CANCEL
You, the buyer, have the right to cancel this contract within seven
business days. You may cancel by e-mailing, mailing, faxing, or
delivering a written notice to the contractor at the contractors
place of business by midnight of the seventh business day
after you received a signed and dated copy of the contract that
includes this notice. Include your name, your address, and the
date you received the signed copy of the contract and this notice.
If you cancel, the contractor must return to you anything you
paid within 10 days of receiving the notice of cancellation. For
your part, you must make available to the contractor at your
residence, in substantially as good condition as you received it,
any goods delivered to you under this contract or sale. Or, you
may, if you wish, comply with the contractor’s instructions on
how to return the goods at the contractors expense and risk.
If you do make the goods available to the contractor and the
contractor does not pick them up within 20 days of the date of
your notice of cancellation, you may keep them without any
further obligation. If you fail to make the goods available to the
contractor, or if you agree to return the goods to the contractor
and fail to do so, then you remain liable for performance of all
obligations under the contract.
e “Seven-Day Right to Cancel” notice must have text that is at least 12-point
boldface type, in immediate area next to consumer’s signature, is in the same
language, that was used in sales presentation.
e notice may be attached to the contract if the contract includes, in at least
12-point boldface type, a check box with the following statement:
“The law requires that the contractor give you a notice explaining
your right to cancel. Initial the check box if the contractor has
given you a ‘Notice of the Seven-Day Right to Cancel.’”
e notice shall be accompanied by a completed form in duplicate, captioned
“Notice of Cancellation,” which shall also be attached to the agreement or off er to
purchase and be easily detachable, and which shall contain the following statement
written in the same language, e.g., Spanish, as used in the contract on the next page.
NOTICE OF RIGHT TO CANCEL
Notice of Cancellation
_________________________
(Enter date of transaction)
You may cancel this transaction, without any penalty or obligation, within seven
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 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 sellers 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 ,
(Name of seller)
at
(Address of sellers place of business)
not later than midnight of
(Date)
.
I hereby cancel this transaction.
(Buyers signature) (Date)
More information about notifi cations and contracts is available in section 7159 and 7159.5 of the
business and professions code.
NATURAL DISASTERS
Any person who schemes to defraud an owner or tenant of a by
offering repairs to damage caused by a natural disaster, can be
ordered to make full restitution to the victim (Section 1203.1b of the
Penal Code) Plus they can face jail time and fi nes ranging from $500
to more than $25,000 This law applies to natural disasters where
a state of emergency is proclaimed by the Governor or President
of the United States.
COMMON PROBLEMS
WITH HOME IMPROVEMENT CONTRACTS
1. Notice regarding CSLB Registrars address is missing
2. Excessive down payment requested or received
3. Equipment to be used or installed is not detailed, and
materials to be used not described specifi cally enough
4. Notice to owner regarding liens is not included
5. Job to be completed is not clearly stated and described
6. “Right to Cancel” notice missing
7. Bid not fi gured out carefully and/or completely
8. Change Orders are not included
9. Old notices used with old addresses and
noncompliant language
10. Start and Finish dates are not included
11. Home Improvement Salesperson’s Registration
Number is missing
12. Failure to get required building permits
13. No Payment Schedule
CONTRACTING FOR SUCCESS
20
[C] SERVICE AND REPAIR CONTRACTS
Service and Repair Contracts are limited and apply only when all four of
the following criteria below are met:
1.  e contract amount is seven hundred fi fty dollars ($750) or less;
2.  e buyer must have initiated contact with the contractor to
request the work;
3.  e contractor does not sell the buyer goods or services beyond
those reasonably necessary to take care of the particular problem
that caused the buyer to contact the contractor; and
4. No payment is due until the work is completed
Any residential remodeling contract that does not fi t within all four of
the above mentioned items must be written as a Home Improvement or
Swimming Pool Contract.
One signifi cant diff erence between Service and Repair Contracts and
others is the  ree-Day cancellation notice. Before January 1, 2006, when
a consumer wanted immediate/emergency services he/she needed to sign a
waiver of the  ree-Day cancellation notice.
When a contract falls within the Service and Repair parameters, then
the right to cancel ends when contractor provides a fully signed contract
complying with the law, and starts work.
[C.1]
THE FINE PRINT
A CONTRACTOR’S GUIDE TO HOME IMPROVEMENT CONTRACTS
21
Service and Repair Contracts have many of the same elements as the standard Home
Improvement Contracts. Some of the diff erences are listed below. (Business and
Professions Code 7159.10)
REPLACEMENT PARTS
[C.1a]
e heading: “The law requires that the contractor offer the
consumer any parts that were replaced during the service call.
If they do not want the parts, they initial the check box labeled
‘OK for contractor to take replaced parts.’”
SERVICE CHARGES
[C.1b]
If a service charge is charged, the heading AMOUNT OF SERVICE
CHARGE” followed by the service charge, and the statement
“You may be charged only one service charge, including
any trip charge or inspection fee.
RIGHT TO CANCEL
[C.1c]
e contractor lets the consumer know that the right to cancel, expires when the
contract is signed and work starts.  e contract, or an attachment to the contract
must include, in immediate proximity to the space reserved for the buyer’s
signature, the following statement, in a size equal at least to 12-point boldface
type (12-point bold), which shall be dated and signed by the buyer:
“YOUR RIGHTS TO CANCEL BEFORE WORK BEGINS
(A) You, the buyer, have the right to cancel this
contract until:
1. You receive a copy of this contract signed and
dated by you and the contractor; and
2. The contractor starts work.
Alarm company operators fall under different rules. See
Civil Code Chapter 11.6 (commencing with Section 7590),
provided the person complies with Sections 1689.5, 1689.6,
and 1689.7 of the Civil Code, as applicable.
[C] SERVICE AND REPAIR CONTRACTS Continued
[D] RESOURCES
[D.1]
CSLB WEBSITE
CONTRACTING FOR SUCCESS
22
e CSLB website, www.cslb.ca.gov, provides a wealth of information
and services, including:
•  e status of a contractors license
•  e status of a license application
Licensing and exam information
How to fi le a complaint
Information for disaster victims
Forms and applications for contractors and consumers
• CSLB offi ce locations
CSLB publications and pamphlets
“California Contractors License Law and Reference Book
New topics, new laws, pending legislation
Also, search engines available online are an excellent resource for construction related
information, including online bookstores for contractors.
[D.2]
CSLB HEADQUARTERS CONTACT INFORMATION
Mailing Address:
P.O. Box 26000,
Sacramento CA 95826-0026
Street Address:
9821 Business Park Drive,
Sacramento CA 95827-1703
Licensing Fax:
(916) 366-9130
[D.3]
TRADE ASSOCIA
TIONS
Printed standard forms of agr
eements used in the industry are available from
Contractor associations (i.e., Associated General Contractors), Associations
for specialized trades (i.e., California Landscape Contractors Association);
and Builders’ Exchanges.
click to sign
signature
click to edit
[D.4] STATIONERY & BOOK STORES
A CONTRACTOR’S GUIDE TO HOME IMPROVEMENT CONTRACTS
23
Printed standard forms are also available from various stationery and contractors’ book
stores. When purchasing or obtaining a standard form, you should carefully check it
to make sure it contains all the current legal requirements.
[D.5]
LEGAL ASSISTANCE
A continuing relationship with an attorney familiar with the construction business is
helpful. It is a good idea to have an attorney check arrangements for individual jobs
which might not quite fi t a standard form.
e CSLB cannot and does not give legal advice as to how the courts or an arbitrator
would regard a specifi c matter. CSLB staff can only provide information about how
the CSLB interprets the law for its own purposes. For example, the CSLB staff can
give an interpretation on whether a particular action by a contractor would constitute
a violation that might lead to action by the CSLB. Any other questions should be
researched through other sources.
[D.6]
AUTOMATED PHONE RESPONSE SYSTEM (APRS)
e Automated Phone Response System (APRS) is an automated, toll-free number,
1-800-321-CSLB (2752), for obtaining information, forms, publications and other
valuable assistance pertaining to contracting and the Contractors State License Board.
[D] RESOURCES Continued
24
NOTES
CONTRACTING FOR SUCCESS
www.cslb.ca.gov
CONTRACTORS STATE LICENSE BOARD
P.O. Box 26000
Sacramento, CA 95826-0026
1-800-321-CSLB (2752)
www.cslb.ca.gov