Contracts & ExecutionQuestion 207 of 1632

A home improvement contract may NOT include which of the following provisions?

a.A schedule of progress payments tied to work already completed
b.A dated statement waiving cancellation for an emergency repair
c.A clause making the homeowner waive statutory protections
d.A start date and an approximate date of completion

Explanation

A pre-printed clause that strips the homeowner of what B&P §7159 grants is unenforceable: Civil Code §3513 says a law established for a public reason cannot be contravened by private agreement. The other three belong in the file. Progress payments tied to work already completed are how §7159.5(a)(5) expects payment to be staged, and a start date with an approximate completion date is required contract content. Civil Code §1689.13 does allow one narrow waiver of the cancellation right - but only by a separate dated, signed statement describing the situation that needs immediate remedy, never by a clause in the contract.

Law Reference: Civil Code §3513; Civil Code §1689.13; Bus. & Prof. Code §7159, §7159.5(a)(5)

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