Minnesota Legislature
HF 1462
as introduced - 87th Legislature (2011 - 2012) Posted on 04/14/2011 10:59am
Current Version - as introduced
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A bill for an act
relating to construction; requiring residential written contract performance
guidelines be provided to subcontractors; amending Minnesota Statutes 2010,
section 326B.809.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, section 326B.809, is amended to read:
326B.809 WRITTEN CONTRACT REQUIRED.
(a) All agreements including proposals, estimates, bids, quotations, contracts,
purchase orders, and change orders between a licensee and a customer new text begin and between a
licensee and a subcontractor new text end for the performance of a licensee's services must be in writing
and must contain the following:
(1) a detailed summary of the services to be performed;
(2) a description of the specific materials to be used or a list of standard features
to be included; deleted text begin and
deleted text end
(3) the total contract price or a description of the basis on which the price will
be calculatednew text begin ; and
new text end
new text begin (4) the payment terms and payment schedulenew text end .
(b) Before entering into an agreement, the licensee shall provide a prospective
customer new text begin and any subcontractor new text end with written performance guidelines for the services to be
performed. Performance guidelines also must be included or incorporated by reference in
the agreement. All agreements shall be signed and dated bynew text begin :
new text end
new text begin (1)new text end the licensee and customernew text begin ; and
new text end
new text begin (2) the licensee and any subcontractornew text end .
(c) The licensee shall provide to the customer, at no charge, a signed and dated
document at the time that the licensee and customer sign and date the document. new text begin The
licensee shall provide to a subcontractor, at no charge, a signed and dated document at the
time the licensee and the subcontractor sign and date the document. new text end Documents include
agreements, performance guidelines, and mechanic's lien waivers.
new text begin
(d) For purposes of this section, "subcontractor" means a person or firm contracted
with by a prime contractor to contribute to the improvement of real property who has a
right to claim a lien to the real property as provided under section 514.01.
new text end