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Home Construction Contract Addendum
As of September 1, 2006, pursuant to Title 10, section 1487 of the Maine Revised Statutes, this entire statement must be an addendum to any home construction contract for more than $3,000.
Contractors Are Not Licensed
Maine does not license or regulate home contractors. When hiring a contractor, we recommend you seek referrals from trusted sources and check references.
There are many competent, ethical residential contractors in Maine, but the Attorney General's Consumer Mediation Program receives more complaints about contractors than any other category of business.
You can contact the Attorney General's Consumer Protection Division by submitting an inquiry online or calling 1-800-436-2131 to find out if a particular contractor has been the subject of a consumer complaint. The Better Business Bureau may also have information about a particular contractor.
Written Contracts Are Required
For all home construction and improvement projects over $3,000 in value, Maine law requires a written contract with specific provisions. These provisions include, among other things, a warranty statement, language limiting deposits to no more than 1/3 the total contract price, estimated start and substantial completion dates, and that all change orders must be in writing and signed by both parties.
You may agree to waive these statutory requirements, but only if the contractor specifically informs you about your rights, and you agree in writing to waive those rights. You are not required to waive your statutory rights to enter into a contract with a contractor.
Your rights are explained in the Attorney General’s guide on home construction and repair, which includes a model home construction contract that meets the statutory requirements for any home construction contract over $3,000 in value.
Home Contractors the State Has Sued
In recent years the State has successfully sued and/or obtained civil judgments against the following home contractors for poor workmanship or failure to complete jobs:
- State of Maine v. Thomas Cuccia
- State of Maine v. Noah Stanley and NS Paving, LLC
- State of Maine v. Justin Parker
- State of Maine v. Lushie Stanley and Commercial Paving of Maine, Inc.
- State of Maine v. Ervin Morrison III et al.
- State of Maine v. National Bath Systems, LLC d/b/a Bath Fitter
- State of Maine v. Lawrence Ryea d/b/a Purvis Paving, Inc.
- State of Maine v. Scott LeClair et al.
- State of Maine v. Home Depot U.S.A., Inc. and THD At Home Services, Inc.
- State of Maine v. Daniel B. Tucci, a/k/a Dan the Handyman, and TPDF, LLC
- In re: Thomas J. Hutchinson Contractor, Inc. and Thomas J. Hutchinson
- State of Maine v. Joel David Poirier
- State of Maine v. Maine Coast Log Homes et al.
- State of Maine v. Kimberly Mark Smith and David J. Blais d/b/a CBS Enterprises
- State of Maine v. Frederic Weinschenk and Rick Weinschenk Builders, Inc.
- State of Maine v. Stephen Lunt
- State of Maine v. Albert H. Giandrea and AG's Home Quality Improvements, Inc.
- State of Maine v. Al Verdone
- State of Maine v. Mikal W. Tuttle d/b/a MT Construction et al.
- State of Maine v. Jeffrey C. Scott, d/b/a Molunkus Stream Construction
Maine District Attorneys have obtained criminal theft convictions against home contractors Malcolm Stewart (State of Maine v. Castle Builders, Inc. et al.), Harold Soper (State of Maine v. Harold Soper), and Mikel Tuttle (State of Maine v. Mikel W. Tuttle). Even when civil or criminal lawsuits have been successful, the State has been unable to collect a significant portion of the court-ordered payments because the builders are bankrupt, judgment-proof, or have left the state. Therefore, we strongly recommend that you research a contractor's record before you begin any construction project.