1. Massachusetts Disclaimer

  2. This agreement satisfies all basic requirements of the state’s Home Improvement Contractor Law (MGLchapter 142A), but does not include standard language to protect homeowners. Seek legal advice if necessary. Any person planning home improvements should first obtain a copy of “A Massachusetts Consumer Guide to Home Improvement” before agreeing to any work on your residence. You may obtain a complimentary copy by calling the office of Consumer Affairs and Business Regulation Consumer Information Hotline at 617.973.8787 or 888.283.3757 or on their website.

  3. New York City Disclaimer

  4. Any person planning home improvements must read the document titled “Consumer Bill of Rights on Contracting for Home Improvements”.

  5. Licensure & Insurance

  6. HIC LIC.: MA-188622

  7. FEDERAL TAX ID NO.: 82-2338896General Liability

  8. Evanston Insurance Company

  9. Exp: Mar 5 2022

  10. Workers Compensation

  11. AIM Mutual Insurance

  12. Exp: Mar 5 2022

  13. Homeowner’s Rights

  14. A homeowner's rights under the Home Improvement Contractor Law (MGL chapter 142A) and other consumer protection laws (i.e. MGL chapter 93A) may not be waived in any way, even by agreement. However, homeowners may be excluded from certain rights if the contractor they choose is not properly registered as prescribed by law. Homeowners who secure their own building permits are automatically excluded from all Guaranty Fund provisions of the Home Improvement Contractor Law. The contractor is responsible for completing the work as described, in a timely and workmanlike manner. Homeowners may be entitled to other specific legal rights if the contractor guarantees or provides an express warranty for workmanship or materials. In addition to guarantees or warranties provided by the contractor, all goods sold in Massachusetts carry an implied warranty of merchantability and fitness for a particular purpose. An enumeration of other matters on which the homeowner and contractor lawfully agree may be added to the terms of the contract as long as they do not restrict a homeowner’s basic consumer rights. If you have questions about your consumer/homeowner rights, contact the Consumer Information Hotline (listed below). 

  15. Contract Version 20211304

  1. Permits

    1. DeJesus Industries, LLC ("the Company", "Contractor", "Corporation", "DeJesus", "DeJesus Industries", "DeJesus Industries USA", “DeJesus Industries U.S. Sales & Service”, “the firm” ) shall provide all necessary labor and materials, and perform all work of every nature on the proposed remodeling in accordance with this contract, the specifications, and the accompanying drawings. 

    2. DeJesus Industries shall obtain the building permit when necessary. 

    3. All subcontractors will take out their own permits and pay for them. 

    4. The homeowner ("owner", "client", "customer", "authorized individual"), if necessary, will have the lot surveyed and will apply for all zoning, historic preservation or other related permits as necessary. 

      1. Work for any of these is not included under this contract. 

    5. All work is to be executed in a workmanlike manner in accordance with the agreement, plans, and specifications. 

    6. Owners who secure their own permits will be excluded from the Guaranty Fund provisions of MGLchapter 142A. 

    7. Building permits may be required, and in applicable situations, will be secured by the contractor as the homeowner’s agent.

  1. Schedule

  1. Under normal circumstances, DeJesus Industries will begin the contract 8-12 weeks from the receipt of all materials provided that there are no delays due to material delivery delays, city inspections or approvals, condo association inspections or approvals, federally observed holidays, COVID-19 global pandemic, failure to receive payment from client, material selection or approval by client, and weather. With extreme delays, customers can expect to wait up to 12-24 weeks. The project manager and foreman leading the project will properly notify the customer accordingly of any delays and new time tables where applicable. 

  2. The actual time it may take to complete the project may vary greatly due to the variables mentioned above.

  3. DeJesus Industries agrees to complete the project in the earliest time frame possible.

  4. DeJesus Industries will do its best to complete the contract in a timely fashion but will not be pressured by the client or promise the client to meet arbitrary deadlines for the purposes of, including but not limited to, the sale of a house, real estate and/or investment transactions, life events (such as weddings, parties, and other major events), the return to occupy primary residence, etc.

  5. Completion Estimate Schedule

    1. Projects between the following dollar amounts typically take the respective time period to complete. This is for informational purposes only and is not binding:

    2. $0-$10,000 1-3+ months

    3. $10,000-$50,000 1-6+ months

    4. $50,000-$100,000 3-9+ months

    5. $100,000-$500,000 9-12+ months

    6. $500,000-$3.5M+ 12-24+ months

  1. Express Warranty

  1. DeJesus Industries warrants to the owner and architect that materials and equipment furnished under the agreement will be of good quality and new unless the agreement documents require or permit otherwise. DeJesusIndustries further warrants that the work will conform to the requirements of the agreement documents and will be free from defects, except for those inherent in the quality of the work the agreement documents require or permit. Work, materials, or equipment not conforming to these requirements shall be considered defective. DeJesus Industries warranty excludes remedy for damage or defect caused by abuse, alterations to the work not executed by DeJesus Industries, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the architect or owner, DeJesus Industries shall furnish satisfactory evidence as to the kind of quality of materials and equipment. Other warranties or guarantees may be detailed in the agreement documents with specific coverages or time periods. 

  2. DeJesus Industries will have the final decision of determining if a refinished or remodeled item or service is covered by warranty. Assumes normal wear and tear only and does not include abuse, neglect, acts of God, fire, accidents, flood, tornadoes or accidental or intentional damage and or vandalism.

  3. During an open and ongoing job site, if materials that are to be used by DeJesus for services have been damaged by the weather, stolen, or vandalized, DeJesus will make any effort and attempt with the homeowner to report such event to the local authorities where applicable. Ultimately if the materials cannot be repossessed or restored to its original condition by the authorities, the homeowner, or DeJesus Industries, then the homeowner will be responsible for repurchasing any and all materials to proceed and execute the services described on this contract.

  4. In order to enforce the rights under this warranty, the homeowner should promptly notify DeJesus Industries in writing the details of the specific item or items which are believed to be covered by this warranty. DeJesusIndustries shall promptly proceed to repair or replace the defective materials and/or workmanship as long as we find in our reasonable judgment that the item is covered by the warranty. It does not include off-site manufactured products. Shall not apply to any appliances installed by DeJesus Industries for the homeowner, and upon request, we will assign and transfer any applicable manufacturers’ warranties to the owner. Shall not apply to any materials that have been repaired, adjusted or modified by an individual or entity other than DeJesus Industries employees or it’s subcontractors. Any repair or replacements furnished under this warranty will not carry a new warranty, but only the unexpired portion of the original warranty.

  5. This warranty is the sole and exclusive remedy available for the homeowner.

  6. This warranty is effective the date the project is completed and expires in one year.

  7. Project completion is determined by the date the final invoice is to be paid.

  1. Subcontractors

  1. DeJesus Industries agrees to be solely responsible for the completion of the work described excluding the actions of any third party/subcontractor utilized by the contractor.

    1. The contractor agrees to be solely responsible for all payments to all subcontractors for materials and labor under this agreement. Payments for subcontractors will follow a payment sub-schedule. When a subcontractor has completed his work, he is to be paid in full. 

    2. Any advance payments made for subcontracted work that is not a change order will simply reduce the total amount due on the contract's total dollar amount. The payment sub-schedule will follow the same format as what is described under the “Payments” provision.

  1. The subcontractor agrees:

  2. To assume for Contractor all responsibilities and obligations Contractor has assumed for the Owner so far as the subcontract work is concerned.

  3. To start work when notified by Contractor and to complete subcontract work at such times as will enable Contractor to fully comply with the contract with Owner, and to be bound by provisions in the contract with Owner for liquidated damages if caused by Subcontractor.

  4. To not assign or sublet any portion of responsibilities or obligations without the written consent of the Contractor.

  5. To clean up all refuse and debris upon the completion of any unit of the subcontract work, and to promptly remove all excess material, tools, structures, etc., that have been brought on the premises or erected by the Subcontractor. In the event of failure to do so, the Contractor may, after reasonable notice to Subcontractor, clean up the premises at the cost and expense of the Subcontractor.

  6. To at all times carry on this subcontract to the full and complete satisfaction of the Contractor and Owner. It is understood that if at any time Contractor is of the opinion Subcontractor is not proceeding satisfactorily then Contractor shall have the right, after reasonable notice, to take over subcontract work and to complete the same at the cost and expense of Subcontractor.

  7. Hold Harmless Agreement. Under this form of agreement, a subcontractor assumes all liability for accidents and negligence. A subcontractor is responsible for her related actions and will not be held accountable for the general contractor's accidents or negligence. The agreement is not dependent on whether an action was a subcontractor's fault or not; it depends only on who was responsible for the accident or who was acting negligently. If both parties were negligent, a subcontractor will be held responsible for her actions and will be liable for her actions and omissions.

  1. Payments

  1. Payments and/or deposits over $3,000.00 must be paid via cashier’s check, bank certified check, wire transfer, or ACH. There are no exceptions. 

  2. A Retainer is the mechanism by which DeJesus Industries, LLC shall be compensated for his/her services.

  3. A Retainer shall be requested based on various hourly rates, material costs, and fees along with their associated multiplicative factors, as listed in the “Change Order” provision of this agreement.

    1. The first payment in the amount of 33.33% of the total contract amount is due upon signing this contract. This payment will serve as a retainer. This payment shall be utilized for services and materials purchased on behalf of the Client billed to the client every 7 calendar days until the clients account balance with the firm reaches zero ($0.00).

      1. For design-build, architectural services, and subcontracted work, DeJesus Industries may request up to 50% as an initial payment. The remaining 50% will be paid upon completion.

      2. To ensure the efficient delivery and execution of this contract, if the initial one third down payment is not sufficient enough to purchase all or a majority of the material, the client agrees to be invoiced separately for the remaining dollar amount for all material that is known and can be ordered in advance. This invoice will simply reduce the overall amount due towards the contract.

        1. If the initial one third down payment is sufficient to purchase all or a majority of the material, the remaining balance will be used for future debits on the clients account held with the firm. 

        2. Once all, or a majority of, the material has been ordered and delivered to the job site, the client agrees to pay the second payment by the end of the seven day billing period for which the work has begun. 

  1. The second retainer in the amount of 33.33% of the total contract amount is due 7 calendar days from the date the work began or 7 calendar days from when the account balance reaches zero ($0.00). Or if the project is completed in less than the 7 day billing period, the remaining balance will be due within 24 hours of contract completion. Succeeding payments will follow a similar format. 

  2. The succeeding payment(s), which may be the third and final retainer payment, in the amount of a figure less than or equal to 33.34% of the total contract amount will be due in 7 calendar days from when the client’s account balance (“account balance” “contract balance”) reaches zero ($0.00) dollars. 

    1. If the contract balance is less than or equal to zero ($0.00), and there are no more scheduled retainer payments from the typically scheduled three retainer payments of the total contract amount, the client will be billed according to what is outlined in the Change Order provision of this contract as it pertains to the formula used to calculate the sum of materials, labor, and costs incurred by Contractor on a weekly basis (7 day billing period) until the project is completed. 

    2. If the contract balance is greater than zero, and the contract has been completed, the remaining balance will be due at the end of the seven day billing period. 

  1. Contract completion is defined as “the reasonable execution of labor and materials on the property described and outlined in the details of this contract. Third party inspections or opinions that may attempt to delay receipt of any or final payment including but not limited to City Inspections, Subcontractor inspections, and waste removal.” This contract will enforce and uphold this definition. 

  2. Failure to submit payment may result in the filing of a mechanics lien on the property described on this contract through the county registry of deeds. After the three day cancellation period deposits and any advance payments placed on contracts are non-refundable. 

  3. Failure to replenish any retainer or to pay invoices by a credit and/or debit card in this Contract is grounds for withdrawal.

  4. In the event the Client’s Credit Card with the firm fails, the Client shall receive a notice from the Firm and shall have twenty-four (24) hours to provide another Credit Card to the Firm. In the event the Client does not provide another Credit Card upon request by the Firm, this Agreement may be rendered null and void as determined by the Firm.

    1. If a customer, for any reason, wishes to cancel a project after the three day cancellation period they may receive an internal credit in the amount of up to the deposit or advance payments made towards the contract similar to how a store specific gift card works. This is at the discretion of DeJesus Industries.

  1. Change Orders, Formulas, Hourly Rates, and Fees

  1. A change order is an addition, deletion, or revision in the work or an adjustment in the construction contract price or the construction contract times, or other revision to the construction contract, issued on or after the effective date of the construction contract.

  2. The retail price, as determined by DeJesus Industries, of the scope of work required to proceed with completing the contract or requested additional work in relation to the original contract signed will be added as a final payment, invoiced separately from the original scope of work. 

  3. Advance payments for such change orders may be requested following the payment schedule described on this contract. An advance payment for any change order may require up to a full payment. 

  4. The customer may inquire what the retail price is for such change order and must present any objections, negotiations, or potential alternative solutions to DeJesus Industries before the work is started and/or materials for such change order(s) are purchased. 

    1. This inquiry or objection must be made by the customer via written request including but not limited to email or text message. A verbal inquiry, or inquiry which can only be supported via hearsay testimony, is not valid. 

  1. The retail price is calculated via the summation of the materials, tools, and labor hours involved in completing the task. 

    1. Labor hours are rounded to the nearest whole number, using the ceiling function.

    2. Non subcontracted labor hours are charged up to $100.00 per hour per employee with a factor of up to 1.50.

    3. Materials are calculated using the sum of the materials and delivery fees with a factor of up to 1.33. 

    4. 2D/3D CAD drafting for the purposes of drafting an estimate will be retroactively charged to the clients account at a rate of up to $133.00/hr with a 5 hour minimum and 2 hour minimum for revisions. This does not include structural stamps by any architect or engineer. 2D/3D CAD drafting is not the same as stamped construction drawings/blueprints. Should a project require structural stamps by a licensed architect and/or engineer the client shall be charged separately.

    5. Specialty and subcontracted materials and labor hours hourly rate may vary. The costs incurred by DeJesusIndustries is calculated using the sum of specialty and/or subcontracted materials and labor hours with a factor of up to 1.33. 

    6. "Specialty" and "subcontracted", for the purposes of this contract, is defined by work that is not completed internally by DeJesus Industries including but not limited to plumbing, electrical, HVAC, lead and asbestos abatement. 

    7. It is understood that change orders will increase the time it takes to complete the contract. Change orders will be released to the client as an invoice and serves an amendment to the project specifications section to this contract. The completion date will be pushed back with each added change order.

    8. A homeowner that specifically requests that their project be directly supervised by a managing partner/owner will be charged according to the hourly fee schedule. Phone calls, emails and text messages will have a 0.1 hour minimum.

    9. Hourly Fee Schedule

      1. Managing Partner/Owner $150.00/hr

      2. Project Manager $90.00/hr

      3. Superintendent $90.00/hr

      4. Assistant Project Manager $80.00/hr

      5. Lead Carpenter $70.00/hr

      6. Laborer $50.00/hr

  1. Late Payment Penalties

    1. The payment schedule described on this contract, referring to the “Payments” provisions, explains that a payment will be due every 7 calendar days from the date work begins, using the date this contract had an initial deposit placed and was signed, until the contract is complete. If a payment is missed, a late payment fee of $50.00 may be assessed. If a check is returned due to insufficient funds, there will be a $50.00 service fee immediately due to DeJesus Industries in compensation for the bank fees and other associated costs. If the client fails to pay any bill within 60 days of receipt, then client agrees that simple interest shall be paid to DeJesus Industries at the rate of 18% per year. After 45 calendar days of a payment being overdue, the client may receive official correspondence via US mail and email regarding the consequences that may ensue thereafter. 

    2. Project Suspension: The project is said to be suspended indefinitely when the homeowner is in violation of this contract. DeJesus Industries shall state to the homeowner in writing reasons for project suspension. Project suspension entails that work may be stopped entirely and in some cases reversed in order to repossess and recoup monies spent on the project. A suspension may be lifted when the homeowner brings the contract up to satisfaction and is out of violation.

  1. Remit Bank Checks to:

  1. Massachusetts

    1. DeJesus Industries, LLC, 1295 Beacon Street #262, Brookline, MA 02446

      1. Please be sure to include your invoice or deal number on the check. If you do not have an invoice or deal number please ensure your name, phone number, and address are on the check.

  2. New York

    1. DeJesus Industries, LLC, 217 E 70th Street #1872, New York, NY 10021

      1. Please be sure to include your invoice or deal number on the check. If you do not have an invoice or deal number please ensure your name, phone number, and address are on the check.

  1. Accelerated Payments

  1. DeJesus Industries LLC may not demand payments in advance of the dates specified on the payment schedule in cases where the homeowner deems him/herself to be financially insecure. However, in instances where DeJesusIndustries LLC deems financial insecurity, DeJesus Industries LLC may require that the balance of funds not yet due be placed in a joint escrow account as a prerequisite to continuing the contracted work. Withdrawal of funds from said account would require the signatures of both parties. 

  1. Contract Acceptance

  1. Upon signing, this document becomes a binding contract under law. Unless otherwise noted within this document, the contract shall not imply that any lien or other security interest has been placed on the residence. Review the following cautions and notices carefully before signing this contract. 

  2. Do not be pressured into signing this contract. Take time to read and fully understand it. Please speak to your Project Manager if anything is unclear. 

  3. The law requires most home improvement contractors and subcontractors to be registered with the Director of Home Improvement Contractor Registration. You may inquire about DeJesus Industries LLC registration by writing to the Director at 10 Park Plaza, Room 5170, Boston, MA 02116 or by calling 617.973.8787 or 888.283.3757.

  4. A client has the legal right to ask DeJesus Industries LLC to confirm coverage or see proof of insurance.

  5. Know your rights and responsibilities. Read the Important Information and get a copy of the Consumer Guide to the Home Improvement Contractor Law.

  6. You may cancel this agreement if it has been signed at a place other than the contractor’s normal place of business, provided you notify the contractor in writing at DeJesus Industries LLC main office or branch office by ordinary mail posted, by telegram sent or by delivery, not later than midnight of the third business day following the signing of this agreement. See attached notice of cancellation form for an explanation of this right.

  7. DO NOT SIGN THIS CONTRACT IF THERE ARE ANY BLANK SPACES

  8. Two identical copies of the contract must be completed and signed. One copy should go to the Client and the other copy should be kept by DeJesus Industries LLC. 

  9. For New York City residents, by signing this contract I agree that I have reviewed the New York City Department of Consumer Affairs “Consumer Bill of Rights on Contracting for Home Improvements”.

  10. Understand that construction contracts are fluid. DeJesus Industries has made a good faith effort in estimating such scope work but if there is an error or the time on the job radically exceeds what is allocated the customer will be billed according to the change order provision as shown in this contract. Before signing this contract the homeowner has made clear he or she fully understands the billing system and has read this contract in its entirety. 

  11. For accounts in the range of $100,000-$1,000,000+, DeJesus Industries may elect to use cost plus method which will be described in the project specifications section of this contract and may be submitted to the corporate attorney of DeJesus Industries to review or draft entirely. Construction contracts in its final/ready to sign stages that need to be reviewed or drafted by the corporate attorney will be billed to the client in advance of presenting an official contract.

  12. No specialty work included in base bid unless a line item on this contract is specifically priced out by a licensed subcontractor in the respective field. Specialty work is defined as a trade not in the jurisdiction of the Unrestricted Massachusetts Construction Supervisor License. Examples of specialty work are plumbing, electrical, HVAC, sheet metal contracting, structural masonry, lead abatement, asbestos abatement, and fuel burning appliances. If applicable licensed asbestos abatement professionals and licensed lead abatement professionals will need to collect samples and test before demolition begins. This will be billed for as a change order. 

  13. A line item that is $0.00 indicates that the service is to be determined and calculated at a later date or phase in construction.

  14. This proposal does not include the following and the following services must be contracted by the property owner directly or a line item in the project specifications sections must exist for DeJesus Industries to receive a bid from subcontractor/vendor to be contracted by DeJesus Industries: zoning attorney, real estate attorney, any and all legal services, geotechnical engineer, pool engineer, interior design, energy modeling, building commissioning, LEED documentation, and energy
    star documentation, architect, structural engineer, MEP engineer, asbestos testing, lead testing, abatement, surveys, civil engineering, audio visual, TeleData and burglar alarm systems, and police details.

  15. Reimbursable expenses are in addition to the fee and include printing costs, shipping costs, parking costs, town fees, and miscellaneous expenses.

  16. If a vendor or subcontractor rate/pricing is increased on DeJesus Industries, even after a client has signed, for reasons including but not limited to COVID-19 global pandemic, economic impact, production line congestion, etc., and DeJesus Industries cannot reasonably find a replacement vendor/subcontractor to honor the original pricing, the difference will be charged to the client as a change order to meet the completion schedule. 

  17. DeJesus Industries is not responsible for lost or stolen personal property. Please remove all personal items and items of sentimental value from the job site. 

  18. If the return period for a material item purchased for this contract is exceeded and is not compatible the client is responsible for repurchasing the material item.

  19. Lastly, the homeowner agrees that he/she is part of the team in terms of executing the project described in this contract on time and on budget and will maintain clear and consistent communication with DeJesus Industries and vice versa. This includes asking questions to the DeJesus Industries team and getting educated to make informed decisions in the field that may not necessarily be expressed down to the last nail in this contract. 

  1. Execution of Contract

  1. The contract must be executed in duplicate and should not be signed until a copy of all exhibits and referenced documents have been attached. Parties are also advised not to sign the document until all blank sections have been filled in or marked as void, deleted, or not applicable. One original signed copy of the contract with attachments is to be given to the Client and the other kept by DeJesus Industries LLC. 

  2. Any modification to the original contract must be in writing and agreed to by both parties. 

  3. Contracted work may not begin until both parties have received a fully executed copy of the contract, and the three-day rescission period has expired. 

  4. The terms to this contract are posted at https://www.dejesusindustries.com/contractterms and may be changed for any reason without notice.

  1. Contractor Arbitration

  1. The Home Improvement Contractor Law provides homeowners with the right to initiate an arbitration action, as an alternative to court action, if they have a dispute with a contractor. The same right is not automatically afforded to a contractor, however. The contractor would have to resolve any dispute he/she has with a homeowner in court unless both parties agree to the optional clause provided below. This clause would give the contractor the same right to arbitration as is afforded to the homeowner by the Home Improvement Contractor Law. 

  2. DeJesus Industries LLC and the homeowner ("WE") hereby mutually agree in advance that in the event DeJesusIndustries LLC has a dispute concerning this contract, DeJesus Industries LLC may submit the dispute to a private arbitration firm which has been approved by the Secretary of the Executive Office of Consumer Affairs and Business Regulation and the consumer shall be required to submit to such arbitration as provided in Massachusetts General Laws, chapter 142A.

  3. We agree that any disputes will be resolved with a binding arbitration. We agree that any legal fees or arbitration costs incurred by the contractor will be paid for by the homeowner with a factor of 1.33, which will be billed to the client as a change order via invoice. We agree that for the purposes of arbitration, hearsay testimony is inadmissible. Should the client or the clients attorney require to communicate with the legal team or principal attorney of DeJesus Industries, LLC an inquiry must be made via email at legal@dejesusindustries.com.

  1. Error & Omissions

  1. The Contractor shall not take advantage of any apparent error or omission in the contract documents. If any error or omission appears in the contract documents, the Contractor shall immediately notify the homeowner in writing of such error and omissions. In the event the Contractor knows or should have known of any error or omission and failed to provide such notification, the Contractor shall be deemed to have waived any claim for increased time or compensation the Contractor may have had and the Contractor shall be responsible for the results and the costs of rectifying any such error or omission.

  1. Special Order Materials

  1. Massachusetts General Law requires that any deposit or down payment required by DeJesus Industries LLC before work begins may not exceed the greater of (a) one-third of the total contract price or (b) the actual cost of any special equipment or custom-made material which must be special ordered in advance to meet the completion schedule. This includes material that does not need to be custom made or fitted to the project such as sheetrock, lumber, shingles, siding, etc. in order to meet the completion schedule.

  1. Massachusetts Department of Consumer Affairs and Business Regulation

  1. If you have general questions or need additional information about the Home Improvement Contractor Law or other consumer rights, or if you wish to obtain a free copy of "A Massachusetts Consumer Guide to Home Improvement" contact: 

  2. Consumer Information Hotline

  3. Office of Consumer Affairs and Business Regulation, 10 Park Plaza, Room 5170, Boston, MA 02116, 617-973-8787, 888-283-3757 or visit the OCABR website at http://www.mass.gov/ocabr/

  4. If you want to verify the registration of a contractor or if you have questions or need additional information specifically about the contractor registration component of the Home Improvement Contractor Law, contact: 

    1. Director of Home Improvement Contractor Registration

    2. Office of Consumer Affairs and Business Regulation, 10 Park Plaza, Room 5170, Boston, MA 02116, 617-973-8787, 888-283-3757 or visit the HIC website at http://www.mass.gov/ocabr/

    3. Go online to view the status of a Home Improvement Contractor’s Registration: http://db.state.ma.us/homeimprovement/licenseelist.asp 

    4. For assistance with informal mediation of disputes or to register formal complaints against a business, call:

    5. Consumer Complaint Section

    6. Office of the Attorney General 617-727-8400, AND/OR Better Business Bureau 508-652-4800, 508-755-2548 or 413-734-3114

  1. New York City Department of Consumer Affairs

  1. Consumer Bill of Rights on Contracting for Home Improvements

    1. Home Improvement Contractors are required to be licensed by the New York City Department of Consumer Affairs (DCA).

    2. ALWAYS ask to see a copy of a Home Improvement Contractor’s or Salesperson’s license issued by the DCA.

    3. BEFORE YOU SIGN A CONTRACT, call 311 or visit www.nyc.gov/consumers to verify that a Contractor’s license is currently valid, to access the Laws of the City of New York to learn about the responsibilities of Home Improvement Contractors, and to obtain the Home Improvement Consumer Guide. 

    4. A Contractor MUST give you a detailed description of the work to be done and materials to be used, and a written itemized estimate of the cost of the work to be done BEFORE you sign a Contract. A Contractor may charge a reasonable fee for an estimate, but the Contractor MUST tell you how much the estimate will cost BEFORE providing it to you.

    5. A Home Improvement Contract MUST be in writing and describe the home improvements to which you agreed. The written contract must be legible and in plain English. If you spoke with the Contractor in a language other than English, the Contract must be in English, as well as in the other language spoken. Contracts negotiated in Spanish must be in Spanish.

    6. The written Contract must include the following:

      1. The Contractor’s name as it appears on the license, license number, address, and telephone number.

      2. The date the contract is signed. 

      3. The approximate starting and completion dates for the work, as well as any reasons the completion date could change. You have the right to insist that the Contract entitle you to cancel for a full refund if the Contractor fails to start the work within an agreed upon number of days after the stated commencement date.

    7. A specific description of the work to be done; the materials to be used, including brands, model numbers, and other identifying information; and the price of each.

    8. A listing of all advertised representations made by the Contractor, including, but not limited to, any guarantees or warranties.

    9. A payment schedule. If both parties agree to a schedule of progress payments, each advance payment must bear a “reasonable relationship” to the work performed, and each scheduled payment must identify and describe the work to be done, materials purchased, or other project related costs that such payment covers. Your Contractor must deposit progress payments into an escrow account.

    10. Each scheduled payment should not be more than $15,000.00 or 20% of the total Contract, whichever is the LOWER AMOUNT, and the next payment must not be made until AFTER the work covered by the previous payment has been completed. 

    11. A right to cancellation clause in the Contract provided as a separate form which says essentially:

      1. YOU HAVE A RIGHT TO CANCEL your Contract until midnight of the third business day after you sign the Contract. If you wish to cancel, you must do so in writing. Your Contractor must refund all payments made and cancel and return any Contract or other negotiable documents you may have signed.

    12. Required permits. Before beginning work, your Contractor must obtain permits required by New York City law. (You should ask to see the signed permits before work begins.)

    13. Insurance. Before beginning work, your Contractor should furnish you with a Certificate of Workers’ Compensation Insurance.

    14. A “proof of payment” clause. This clause allows you to withhold final payments until your Contractor submits from all subcontractors and vendors a waiver of lien as proof of payment for the work they performed and/or the materials they supplied.

    15. It is illegal for your Home Improvement Contractor to dry-scrape or sand painted surfaces in New York City. Scraping and sanding pose a danger of lead dust inhalation.

    16. The Contractor must clean the premises after work is completed.

    17. New York City Law prohibits Home Improvement Contractors from acting as agents for lenders or advertising, promoting, or arranging home improvement loans.

  1. Notice of Cancellation

  1. You may cancel this transaction, without penalty or obligation, within three business days from the above date, which is the date this contract was signed and/or deposits were placed, whichever is first. If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instruments executed by you will be returned within thirty business 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 seller's expense and risk. If you do make the goods available to the seller and the seller does not pick them up within twenty days of the date 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 DeJesus Industries, LLC, at P.O. BOX 262 Brookline, MA 02446, not later than midnight of the third business day from the date the contract has been signed. After the three day cancellation period, deposits and any advance payments placed on this contract and invoices, and change orders that pertain to this contract, are non-refundable and serve as a forfeit of funds. If a customer, for any reason, wishes to cancel a project after the three day cancellation period they may receive an internal credit in the amount of up to the deposit or advance payments made towards the contract similar to how a store specific gift card works. This is at the discretion of DeJesus Industries, LLC. If the homeowner wishes to cancel this contract with DeJesus Industries, LLC while construction or design-build services are ongoing and in session, even after the three day cancellation period has ended, for whatever reason, then the remaining balance of this contract will be made due to DeJesus Industries within three days of making such a request. 

  1. Media

  1. I authorize DeJesus Industries, LLC to take videos and pictures of the project described on this contract. Any and all media pertaining to the project described on this contract is property of Fifth Avenue Media Group, Inc., New York, NY, www.realfifthave.com, a sister company to DeJesus Industries, LLC. Photos and videos may be used for any and all promotional, advertising, and marketing purposes. This provision serves as a full media release.