House committee substitute makes the following changes to the 1st edition.
Amends the act's long title, replacing the phrase "roofing contractors" with "roofing repair contractors."
Amends GS 75-150, which provides definitions as they apply in this Article (Article 9, GS Chapter 75). Deletes the definitions for "nonresident roofing contractor" and "public contract." Amends the definition for "roofing contractor" to no longer include a nonresident roofing contractor and excludes a licensed general contractor. Amends the term "roofing contractor" to "roofing repair contractor." Adds definitions for: (1) consumer, (2) emergency services, and (3) roofing repair.
Reorganizes and recodifies provisions in Article 9, GS Chapter 75.
Amends the items that must be included in a contract for roofing repair. Modifies the Notice of Cancellation form.
Amends the customer's right to cancel the contract if the work is not covered by the customer's insurer and provides that there is a limited right to cancel contract if it is not covered by insurance. Also makes clarifying and conforming changes.
Makes some organizational changes to provisions stating prohibited conduct for a roofing repair contractor.
Provides that this act applies to contracts for roofing repair entered into on or after the effective date of this act, October 1, 2016.
Bill H 643 (2015-2016)Summary date: Apr 20 2015 - View summary
Bill H 643 (2015-2016)Summary date: Apr 13 2015 - View summary
Enacts new Article 9, Roofing Contractors, in GS Chapter 75, setting out key terms for use in the section, including nonresident roofing contractor, public contract, and roofing contractor. Provides that the Article is to be in addition to, not in lieu of, a required licensure.
Prohibits roofing contractors from performing four specified acts, including providing anything of value in exchange for allowing the contractor to display advertisement on the consumer's premises. Requires written contracts for roofing repairs and specifies items to be included in those contracts, including a specific notice of cancellation.
Allows a consumer who has entered into a written contract with a roofing contractor for goods or services to be paid from the proceeds of a property and casualty insurance policy to cancel the contract prior to midnight of the third business day after the consumer receives notice that all or part of the claim or contract is not covered under the insurance policy. Provides further requirements for such a cancellation and procedures for the refund of payments to consumers. Requires contractors to return any payments made to the consumer within 10 days of contract cancellation.
Provides that a violation of this Article will be considered an unfair and deceptive trade practice under GS 75-1.1.
Effective October 1, 2016.