Currently under Pennsylvania law, home improvement contractors are the only profession that is prohibited from including a clause in their contracts that provides for attorney fees in cases of legal disputes. These clauses typically allow for the prevailing party in a legal dispute to be entitled to have their attorney fees covered by the non-prevailing party. However, under Act 132 of 2008, also known as the Home Improvement Consumer Protection Act, any clause in a contract that allows the contractor to be awarded attorney fees is voidable by the homeowner. As such, contractors who do not receive a payment for their services typically have no recourse as the attorney fees associated with litigation or arbitration would outweigh the payment they seek to recover.
 
To remedy this issue, I plan to introduce legislation that would amend Act 132 of 2008 to allow home improvement contracts to include language that allows for the prevailing party in any lawsuit or arbitration to seek attorney fees from the non-prevailing party. This legislation would still ensure that the consumer is protected from predatory contracts by voiding any clause that would only award attorney fees to the contractor.
 
Home improvement contractors deserve to receive the payment they are owed for their services, and they should be able to seek recourse as needed, just like every other contractor can in Pennsylvania.
 
Please join me in co-sponsoring this important legislation to ensure home improvement contractors can legally pursue any costs they are owed for completed work.