Massachusetts Residential Construction Contract (Home Improvement) (2026)
A contract between a homeowner and a contractor for building, remodeling or repair work — scope, schedule, price, payment milestones, change orders, insurance, warranty and the notices your state requires in the contract.
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What this document covers
- Owner, contractor and licence number
- Project address and full scope of work
- Start date and substantial completion date
- Fixed price, cost-plus or time and materials
- Down payment inside your state's legal cap
- Payment milestones tied to the work
- Written change-order procedure
- Permits, inspections and code compliance
- General liability and workers' compensation
- Warranty, termination, disputes and the notices your state mandates
Massachusetts rules that this document follows
| Contractor license | Office of Consumer Affairs — Home Improvement Contractor registration — The residential contracting agreement must give the contractor's and salesperson's names, addresses and home improvement contractor registration number, and the date the contract was executed.Source: Mass. Gen. Laws ch. 142A, § 2(a) |
|---|---|
| License number on the contract | Required — the contract must state itSource: Mass. Gen. Laws ch. 142A, § 2(a) |
| Written contract required | Above $1,000.00 — A residential contracting agreement over $1,000 must be in writing and must state the whole agreement, the parties, the registration number, the scheduled start and substantial completion dates, a detailed description of the work and materials, the total price, the payment schedule with dollar amounts, and the signatures of all parties.Source: Mass. Gen. Laws ch. 142A, § 2(a) |
| Down payment cap | the greater of one-third of the contract price or the actual cost of special order or custom made materials — A deposit required before work begins may not exceed the greater of one-third of the total contract price or the actual cost of any special order or custom made materials or equipment.Source: Mass. Gen. Laws ch. 142A, § 2(b) |
| Required notices | CONTRACTOR REGISTRATION, CANCELLATION, WARRANTIES, BLANK SPACES AND LIENSSource: Mass. Gen. Laws ch. 142A, § 2(a)(8) |
| Right to cancel | 3 business days — Federal law gives the owner three business days to cancel a home improvement sale of $25 or more that was signed away from the contractor's regular place of business (at the owner's home, a fair, a hotel or a jobsite). The contract must carry the cancellation notice and two copies of a cancellation form.Source: 16 C.F.R. § 429.1(a) (FTC Cooling-Off Rule) |
| Lien notice in the contract | The statutory conspicuous notice in the agreement must tell the owner that liens may be placed on the property for unpaid labor and materials.Source: Mass. Gen. Laws ch. 142A, § 2(a)(8) |
Rules current as of 2026-09-14. Statutes change; verify before relying on them.
How to use this Residential Construction Contract (Home Improvement) in Massachusetts
In Massachusetts the contract is regulated, not just recommended: A residential contracting agreement over $1,000 must be in writing and must state the whole agreement, the parties, the registration number, the scheduled start and substantial completion dates, a detailed description of the work and materials, the total price, the payment schedule with dollar amounts, and the signatures of all parties. (Mass. Gen. Laws ch. 142A, § 2(a)) This template writes the scope, the dates, the price, the payment milestones and the change-order rule into one document and prints the notices your state requires around it.
Price the job in one of three ways. A fixed price puts the risk of overruns on the contractor and is what most homeowners should ask for. Cost plus a fee makes sense for open-ended renovation, but only with a not-to-exceed number and access to the books. Time and materials suits small repairs where nobody can scope the work in advance. Whatever you choose, the money at signing is capped: the greater of one-third of the contract price or the actual cost of special order or custom made materials (Mass. Gen. Laws ch. 142A, § 2(b)). Tie the rest to milestones a person can stand in the room and verify — never to a calendar.
Put the licence number on the contract: The residential contracting agreement must give the contractor's and salesperson's names, addresses and home improvement contractor registration number, and the date the contract was executed. (Mass. Gen. Laws ch. 142A, § 2(a)) Ask for a certificate of general liability insurance and, where the contractor has employees, workers' compensation. An uninsured injury on your property is the one construction risk a homeowner cannot fix afterwards.
The contract has to carry the notices Massachusetts prescribes — CONTRACTOR REGISTRATION, CANCELLATION, WARRANTIES, BLANK SPACES AND LIENS — and this template prints each of them. If the owner signs anywhere other than the contractor's regular place of business, the federal Cooling-Off Rule gives three business days to cancel and requires two copies of a cancellation form (16 C.F.R. § 429.1(a) (FTC Cooling-Off Rule)). Sign before any work begins, hand the owner a full copy the same day, and collect a lien waiver with every payment.
Frequently asked questions
Does Massachusetts require a written home improvement contract?
Yes, above $1,000.00. A residential contracting agreement over $1,000 must be in writing and must state the whole agreement, the parties, the registration number, the scheduled start and substantial completion dates, a detailed description of the work and materials, the total price, the payment schedule with dollar amounts, and the signatures of all parties. (Mass. Gen. Laws ch. 142A, § 2(a))
How big a down payment can a contractor ask for in Massachusetts?
Yes. Massachusetts limits the down payment to the greater of one-third of the contract price or the actual cost of special order or custom made materials (Mass. Gen. Laws ch. 142A, § 2(b)). Taking more is a licensing violation, and the owner can normally recover the excess.
Can I cancel a signed contract in Massachusetts?
Usually yes. Federal law gives the owner three business days to cancel a home improvement sale of $25 or more that was signed away from the contractor's regular place of business (at the owner's home, a fair, a hotel or a jobsite). The contract must carry the cancellation notice and two copies of a cancellation form. (16 C.F.R. § 429.1(a) (FTC Cooling-Off Rule)) If the contract was signed at the contractor's own showroom or office, that federal right does not apply and the contract's own termination clause governs.
What notices must the contract itself contain in Massachusetts?
These: CONTRACTOR REGISTRATION, CANCELLATION, WARRANTIES, BLANK SPACES AND LIENS (Mass. Gen. Laws ch. 142A, § 2(a)(8)). This template prints each of them, using the statutory wording where the statute prescribes the words.
Does the contractor's license number have to be on the contract?
Yes. The residential contracting agreement must give the contractor's and salesperson's names, addresses and home improvement contractor registration number, and the date the contract was executed. (Mass. Gen. Laws ch. 142A, § 2(a)) A contract without it can expose the contractor to discipline and, in some states, make the contract hard to enforce.
Who pays if a subcontractor liens my house after I paid the contractor?
In most states the lien attaches to the house even though the owner paid, which is why this contract makes the contractor pay downstream and deliver a lien waiver with every payment. Collect the waivers before releasing each milestone, and keep the final payment until the last waiver is in hand.
Other names
- home improvement contract
- residential construction contract
- remodeling contract
- contractor agreement
- general contractor contract
- home remodeling agreement
- renovation contract
- construction agreement homeowner
- home repair contract
- builder contract
Related documents
- Commercial Lease Agreement — Massachusetts
- Bill of Sale — Massachusetts
- Promissory Note — Massachusetts
- Independent Contractor Agreement — Massachusetts
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FormsByState provides self-help document templates and general information, not legal advice. We are not a law firm. For advice about your situation consult a licensed attorney in your state.
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