§ 5509. Requirements of registrants
(a) Insurance. A person registered under this chapter shall maintain minimum liability insurance
coverage in the amount of $1,000,000.00 per occurrence and $2,000,000.00 aggregate,
evidence of which may be required as a precondition to issuance or renewal of a registration.
(b) Writing.
(1) A person registered under this chapter shall execute a written contract prior to receiving
a deposit or commencing residential construction work if the estimated value of the
labor and materials exceeds $10,000.00.
(2) A contract shall specify:
(A) Price. One of the following provisions for the price of the contract:
(i) a maximum price for all work and materials;
(ii) a statement that billing and payment will be made on a time and materials basis, not
to exceed a maximum price; or
(iii) a statement that billing and payment will be made on a time and materials basis and
that there is no maximum price.
(B) Work dates. Estimated start and completion dates.
(C) Scope of work. A description of the services to be performed and a description of the materials
to be used.
(D) Change order provision. A description of how and when amendments to the contract may be approved and documented,
as agreed by the parties.
(3) The parties shall document an amendment to the contract in a signed writing.
(c) Down payment.
(1) If a contract specifies a maximum price for all work and materials or a statement
that billing and payment will be made on a time and materials basis, not to exceed
a maximum price, the contract may require a down payment of up to one-half of the
cost of labor to the consumer, or one-half of the price of materials, whichever is
greater.
(2) If a contract specifies that billing and payment will be made on a time and materials
basis and that there is no maximum price, the contract may require a down payment
as negotiated by the parties. (Added 2021, No. 182 (Adj. Sess.), § 14, eff. July 1, 2022.)
§ 5510. Prohibitions and remedies
(a) A person who does not register as required pursuant to this chapter may be subject
to an injunction or a civil penalty, or both, for unauthorized practice as provided
in 3 V.S.A. § 127(b).
(b) The Office of Professional Regulation may discipline a registrant or certificant for
unprofessional conduct as provided in 3 V.S.A. § 129a, except that 3 V.S.A. § 129a(b) does not apply to a registrant.
(c) The following conduct by a registrant, certificant, applicant, or person who later
becomes an applicant constitutes unprofessional conduct:
(1) failure to enter into a written contract when required by this chapter;
(2) failure to maintain liability or workers’ compensation insurance as required by law;
(3) committing a deceptive act in commerce in violation of 9 V.S.A. § 2453;
(4) falsely claiming certification under this chapter, provided that this subdivision
does not prevent accurate and nonmisleading advertising or statements related to credentials
that are not offered by this State; and
(5) selling or fraudulently obtaining or furnishing a certificate of registration, certification,
license, or any other related document or record, or assisting another person in doing
so, including by reincorporating or altering a trade name for the purpose or with
the effect of evading or masking revocation, suspension, or discipline against a registration
issued under this chapter. (Added 2021, No. 182 (Adj. Sess.), § 14, eff. July 1, 2022.)