This Amendment will aid both consumers and contractors by adding clarity to HB 57.

Plain English Breakdown

Checked against official source text during the last sync.

Amendment to House Bill No. 57 on Home Improvement Contracts

This amendment clarifies rules for home improvement contracts by explicitly listing prohibited items like penalty clauses and judgment waivers.

What This Bill Does

• Deletes lines 70 through 71 of House Bill No. 57 and replaces them with new text.
• Prohibits including any confession of judgment in a home improvement contract.
• Prohibits waiving rights given to buyers under this law.
• Prohibits penalty provisions for canceling a contract after the cancellation period.

Who It Names or Affects

• Consumers who sign home improvement contracts
• Contractors who write or use home improvement contracts

Terms To Know

Confession of judgment

A clause where a buyer agrees to let the contractor get money from them without a court trial.

Penalty provision

A rule in a contract that charges extra fees if someone cancels after a set time period.

Limits and Unknowns

• The official text does not state when this amendment will become effective law.
• The summary explains the goal of clarity but does not list specific penalties for breaking these new rules.

Official Summary Text

This Amendment will aid both consumers and contractors by adding clarity to HB 57. Established Delaware contract law prohibits a penalty provision in a contract. Because consumers are unaware of the invalidity of such a provision, they frequently do not know they may challenge such a provision and are put in a position in which they believe they have no choice but to pay such penalties. This Amendment will inform well-meaning contractors so that they don’t use boilerplate contracts from other states that have such a provision.

Current Bill Text

Legislation Document

SPONSOR:

Rep. Morrison

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE AMENDMENT NO. 1

TO

HOUSE BILL NO. 57

AMEND House Bill No. 57 by deleting lines 70 through 71 in their entirety and inserting in lieu thereof the following:

“

(1) Include in a home improvement contract any of the following:

a. Any confession of judgment or any waiver of any of the rights to which the buyer is entitled under this subchapter.

b. Any penalty provision for canceling a contract after the cancelation period.

”.

SYNOPSIS

This Amendment will aid both consumers and contractors by adding clarity to HB 57. Established Delaware contract law prohibits a penalty provision in a contract. Because consumers are unaware of the invalidity of such a provision, they frequently do not know they may challenge such a provision and are put in a position in which they believe they have no choice but to pay such penalties. This Amendment will inform well-meaning contractors so that they don’t use boilerplate contracts from other states that have such a provision.