合同与履行第 711 / 1632 题

A home improvement contract must include a schedule of progress payments that:

a.States each payment as a percentage of the total contract price
b.May be adjusted by the contractor as the work actually proceeds
c.States each payment in dollars and cents against the described work
d.Lists only the total amount that will be due at completion

解析

B&P §7159.5(a)(4) requires that where payments are to be made before completion, the contract include 'a schedule of payments in dollars and cents specifically referencing the amount of work or services to be performed and any materials and equipment to be supplied.' Two elements, both mandatory: the figure in dollars and cents, and the work it buys. (a) gives the figure without the work, and percentages are exactly what the statute displaced — an owner cannot check '30 percent' against anything on site. (b) is unlawful under §7159.5(a)(5), which bars requesting or accepting any payment exceeding the value of the work performed or the material delivered, whatever the contractor now thinks the schedule should say. (d) describes a lump-sum-on-completion contract, which needs no schedule but also permits no progress payment.

法律依据: Bus. & Prof. Code §7159.5(a)(4)-(5)

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