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Attention Pennsylvania Contractors

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Legal & Human Resources

Attention Pennsylvania Contractors

...and really all contractors

By By James F. McClister March 22, 2019
This article first appeared in the March 2019 issue of Pro Remodeler.

In a recent Pennsylvania court case, remodeler Anthony Surman was not only found guilty of scamming clients, but failed to follow corporate formalities, and as a result exposed his personal assets to potential forfeiture. 

Attorneys Julie Goldstein and Ronald Williams, who specialize in representing contractors, authored a blog on the case, noting it as a unique learning opportunity. 

“The contractor had registered a corporation ... but it was terminated prior to entering into the contract with the [clients],” she says. The homeowners’ complaint concerned a bathroom renovation, noting frequent timeline extensions, multiple requests for additional payment, and poor workmanship. “Basic law is that if you follow the formalities, your personal assets are protected. But a judgment against an individual means they can go after your personal assets.” 

In order to be considered a legitimate corporation, businesses in Pennsylvania need to fulfill some basic requirements, or formalities, such as having a business bank account and keeping a set of books, among others. Surman’s failure to maintain his corporate identity exposed him as a liable individual under Pennsylvania’s Home Improvement Consumer Protection Act.

written by

James F. McClister

James McClister is managing editor for Professional Remodeler.

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