As used in this section and sections
20-417b to
20-417j, inclusive:
(1) “Certificate” means a certificate of registration issued under section 20-417b;
(2) “Commissioner” means the Commissioner of Consumer Protection or any person designated by the commissioner to administer and enforce this section and sections 20-417b to 20-417j, inclusive;
(3) “Contract” means any agreement between a new home construction contractor and a consumer for the construction or sale of a new home or any portion of a new home prior to occupancy;
(4) “Engage in the business” means that the person engages in the business for the purpose of compensation or profit;
(5) “New home construction contractor” means any person who contracts with a consumer to construct or sell a new home or any portion of a new home prior to occupancy;
(6) “New home” means any newly constructed (A) single-family dwelling unit, (B) dwelling consisting of not more than two units, or (C) unit, common element or limited common element in a condominium, as defined in section 47-68a, or in a common interest community, as defined in section 47-202;
(7) “Person” means one or more individuals, partnerships, associations, corporations, limited liability companies, business trusts, legal representatives or any organized group of persons;
(8) “Consumer” means the buyer or prospective buyer, or the buyer's or prospective buyer's heirs or designated representatives, of any new home or the owner of property on which a new home is being or will be constructed regardless of whether such owner obtains a building permit as the owner of the premises affected pursuant to section 29-263; and
(9) “Completion” means the stage of construction of a new home in which the new home construction contractor is in receipt of the certificate of occupancy for such new home issued by the municipality in which such new home is constructed.
(P.A. 99-246, S. 1; P.A. 00-132, S. 1, 6; 00-196, S. 62, 66; P.A. 01-195, S. 83, 181; P.A. 03-167, S. 1; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1; 04-257, S. 94; P.A. 06-73, S. 1.)
History: P.A. 00-132 redefined “contract” in Subdiv. (3), added new Subdiv. (4) defining “engage in the business”, redesignated former Subdivs. (4) to (7) as Subdivs. (5) to (8), redefined “new home construction contractor” in Subdiv. (5), “new home” in Subdiv. (6), and “consumer” in Subdiv. (8), and added new Subdiv. (9) defining “completion”, effective May 26, 2000; P.A. 00-196 made a technical change in Subdiv. (1), effective June 1, 2000; P.A. 01-195 made a technical change in Subdiv. (6), effective July 11, 2001; P.A. 03-167 redefined “contract” in Subdiv. (3) and “consumer” in Subdiv. (8); June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 04-257 made a technical change in Subdiv. (3), effective July 1, 2004; P.A. 06-73 replaced references to “sections 20-417b to 20-417i, inclusive, and subsection (b) of section 20-421” with “sections 20-417b to 20-417j, inclusive”, where appearing, and made technical changes, effective May 30, 2006 (Revisor's note: In the introductory language and in Subdiv. (2), the comma following the words “this section” was replaced editorially by the Revisors with the word “and” for grammatical accuracy).
Notes of Decisions
D' Angelo Dev. & Constr. Co. v. Cordovano, 897 A.2d 81 (Conn. 2006).
· cites it 8× “The sole issue in this appeal is whether a new home construction contract that fails to comply with the registration, disclosure and contract language provisions of the New Home Construction Contractors Act, General Statutes § 20-417a et seq., 1 is unenforceable.”
C. R. Klewin Ne., LLC v. City of Bridgeport, 919 A.2d 1002 (Conn. 2007).
· cites it 2× “The plaintiffs applied for an order to stay the arbitration proceedings and an order to show cause on the ground that the contract was void under General Statutes § 20-417d of the New Home Construction Contractors Act; General Statutes § 20-417a et seq.”
Pettit v. Hampton & Beech, Inc., 922 A.2d 300 (Conn. App. Ct. 2007).
· cites it 5× “The plaintiffs *504 claim that the court (1) applied the wrong standard to determine whether there was substantial compliance with the contract, (2) improperly refused to apply General Statutes § 20-417a et seq., the New Home Construction Contractors Act (act), (3) abused its…”
Nussbaum v. Kimberly Timbers, Ltd., 856 A.2d 364 (Conn. 2004).
· cites it 2× “The act became effective on October 1,1999, and is codified *68 at General Statutes § 20-417a et seq. Prior to 1999, there was no requirement in Connecticut that a new home construction contractor be licensed.”
Luongo Constr. & Dev., LLC v. MacFarlane, 170 A.3d 57 (Conn. App. Ct. 2017).
· cites it 4× “In his amended counter- claim, MacFarlane alleged breach of contract, a viola- tion of the New Home Construction Contractors Act, General Statutes § 20-417a et seq.,1 violations of the new home express and implied warranties as set forth in General Statutes §§ 47-117, 47-118 and…”
Cohen v. Meyers, 167 A.3d 1157 (Conn. App. Ct. 2017).
· cites it 2× “A violation of the NHCCA, General Statutes § 20-417a et seq., constitutes a per se violation of [CUTPA].”
Sullivan v. Brown, 975 A.2d 1289 (Conn. App. Ct. 2009).
· cites it 2× “The court also found that the defendants violated provisions of the New Home Construction Contractors Act, General Statutes § 20-417a et seq. The court found that as a result of this violation, the defendants violated CUTPA.”
Winakor v. Savalle, 198 Conn. App. 792 (Conn. App. Ct. 2020).
· cites it 2× “The operative amended com- plaint asserted five separate counts: breach of contract (count one); unjust enrichment (count two); violations of the New Home Construction Contractors Act (New Home Act), General Statutes § 20-417a et seq. (count three);4 (4) violations of the…”
Thorsen v. Durkin Dev., LLC, 20 A.3d 707 (Conn. App. Ct. 2011).
· cites it 2× “This count further alleged violations of the New Home Construction Contractors Act; General Statutes § 20-417a. The jury found in favor of the plaintiff on this count and awarded $30,221.”
Lavoie-Francisco v. Town of Coventry, 581 F. Supp. 2d 304 (D. Conn. 2008).
· cites it 2× “llahan”) (collectively, “the Municipal Defendants”), Alfred Chiul-li (“Chiulli”), and Al-Fred Builders & Developers, LLC (“Al-Fred”) (collectively, “the Contractor Defendants”) alleging that: (1) the Municipal Defendants violated their Fourteenth Amendment right to equal…”
E & M Custom Homes, LLC v. Negron, 59 A.3d 262 (Conn. App. Ct. 2013).
“The defendants filed an answer and counterclaim on January 21, 2009, and an amended counterclaim on December 11, 2009, alleging that the plaintiff breached its contract with the defendants, that it failed to comply with General Statutes § 20-417c (4), (6) and (7) of the New Home…”
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