§ 2-223 Prime Contractor's Duties and Responsibilities.
RCNY § 2-223
(a)In the performance of any Home Improvement Contract it shall be the non-delegable duty and obligation of the prime contractor to secure or see to the securing of each and every permit, license, certificate of occupancy, special exception or the like necessary to the proper completion of such contract in accordance with applicable state or local building laws.
(b)Each home improvement contractor shall maintain books of account, copies of all contracts with buyers, and other such records as shall properly and completely reflect all transactions involving the home improvement business. These records shall be maintained for six years or the length of time of the contract guarantee, whichever is longer.
(c)A home improvement contractor must treat all funds received from a customer pursuant to a home improvement contract as trust funds to be applied solely to the payment of expenses directly related to the home improvement. Such funds may not be applied to the payment of expenses unrelated to the home improvement unless and until the home improvement is completed and all the expenses for direct labor, material and subcontractors related thereto have been paid by the contractor.
(d)Except as provided in 6 RCNY § 2-221(j), the home improvement contractor shall not perform or cause or permit the performance of any of the following actions until after the three day cancellation period has expired and s/he is reasonably satisfied that the customer has not exercised his or her right of cancellation: (1) Disburse any money other than in escrow; (2) Make any physical changes in the property of the customer; (3) Perform any work or service for the buyer; or (4) Make any deliveries to the residence of the customer if the creditor has retained or will acquire a security interest other than one arising by operation of law.
