1. You should always have a written contract,
even on small projects. The contract should contain the full names, street address and phone number of the contractor
as well as the homeowner. It should also have the
agreed upon price, COMPLETE description of the work to be done, and materials (grades and types) to be used, the
starting and completion dates, clean up during and after the work is finished
and the payment schedule. Never,
never sign a contract with blanks to be filled in later.
Avoid
contractors who don't or refuse to put all this it in writing.
2. DO NOT EVER obtain
the building permit yourself for work being done by a contractor. Doing so, you
assume all the risks and it will be difficult to recoup money for inferior work.
If
you have already obtained a building permit for yourself for any reason, do not let
the contractor use it. Have him get his own and make sure he dont use your name
on it.
3. Use a local, well-established contractor. Get recommendations. Ask the contractor to give you references. Then go look
at the work with a personal inspection. A legal contractor won't mind
you doing this.
Do not call
the references as the names could be family or friends that would not give them a bad reference.
4. Check to see that the contractor is insured against
claims covering workers compensation, property damage and general liability.
See the proof! Use caution!
If
you sign a contract with them, get a copy of their insurance cards, contractor's license and etc for your records.
5. Check with the State Board of Licensing
Contractors. Depending on the size of the project, the law
requires contractors to be licensed. Check with the State Board for Licensing Contractors to verify the validity and current status of the contractor's
license.
6. Never pay a remodeler or contractor the
entire cost of the work up front.
Never release the final payment until the
project is completed according to the contract. You should also have proof that all suppliers,
employees and subcontractors have been paid by the contractor.
7. If you need or decide to make changes
after the work begins, make sure that your agreement with the contractor, both concerning
the changes and costs, are put in writing, signed and added to
the original contract. You keep copy also.
8. Try to work out any disagreements. If problems persist,
it is a good idea to document your complaints and send copy to the contractor and keep copy for yourself.
9. If the work was not completed according to the terms
of the contract , the property owner has the option to pursue legal action against the contractor. You can
and should file a Consumer Complaint against them.
I do have a problem with
this because you have to let the contractor back into your home to try to repair the wrongs or they will drop the complaint.
My objections to this
is: if he couldnt do it right the first time, why would anyone think he could do any better 2nd time around? In the first place, you wouldnt be complaining if the work was done right to start
with. You would happily be using the room/s.
Consumers beware!
Consumers should be especially wary of unsolicited door-to-door sales people and telephone solicitors. Some may offer a reduced price
for a limited time only, or claim they have just completed a job nearby and have materials left over, or they may offer to
use your home as a "demonstration model." Don't fall prey to these kinds of sales tactics.
Be wary of people who offer gifts, prizes, cash rebates or other special
inducements. These inducements are against the law.
Beware of contractors who offer to finance your project for
you. Do not sign a note
they draw up because they could place a lien on your house. Consumers should also beware of unmarked trucks and vans, as well as the use of post office boxes.
It's good advice to always request the street address of the contractor and
make sure the telephone number is not just an answering service.
Be wary of those that place flyers in your mailbox or newspaper.
Be wary of smooth talkers that do a lot of bragging on
themselves
and their company.
They have to because after you see their work, you sure won't
brag
on them ~ nor recommend them.
IF you have
any disputes over payments and you refuse to pay for
sloppy work or whatever, by all means do check at
the register of deeds at your County Court House and
make sure that there is NO LIEN against your
property. The court does not have to notify you
of this.
If you need to get a lawyer,
get one from another county or two over that doesn't know
everyone in town and don’t care to step on toes.
See that your case gets to court in a reasonable time. Don’t risk losing your
witnesses.
I would like to make a few comments about the
building codes and laws of the state and its counties, since I had
an experience there with a room addition to my home. Some counties do not have very good building codes NOR
enforcement of them.
Might I
suggest that there be stiffer requirements for building contractors to get a contractors
license.
Might I suggest that the contractor's workers
carry a card that they are certified Carpenters, Electricians and etc, IF they are doing the work.
Might I suggest that the county, city and state
inspectors pass STIFF tests to qualify them for this job.
Might I suggest that when there is a complaint, the state should follow through on
it and not drop it because you won't let the contractor back on your property to do more wrong.
I am not referring
to petty or cosmetic stuff, although it is hard to live with.
I am referring to major wrongs AND not building according
to size and plans.
I know no one is perfect, but you should
expect quality work for your dollars and GET IT!
Might I also suggest
the punishment be stiffer and enforced.
If people say they
are contractors and have a license and you find later they didn't, then they should get more than a pat on the hand and a
license after the fact.
They should be fined
and make it really harder for them to ever get a license.
Their work should be inspected
by the state frequently, not just the county or city inspecter, who could a friend.
By the way, my case did go to court. It is public record in Franklin County, TN
Cunningham vs Crownover Construction, LLC
He was using ServicePro LLC when he first began our project
He got a slap on the wrist and I got very little
money, not nearly enough for the way the room was built, the aggravation and the sloppy work and not finishing the job when
he promised too.
I later
found that he had a previous lawsuit in Chattanooga, Tn. He lost it.
Also since I moved, I was contacted by another person
that had an ongoing suit againt him. I have not heard the outcome of that case.
My best wishes to the plantiffs. I hope
the so called contractor gets more than a pat on the hand this time around.
Note:
The man won the lawsuit but I don't know if
he got enough to cover his losses. He told me lots wrong with his new home they built.
Testimonials from his
website that he now has up.
"Everyone
was very professional, considerate and easy to deal with."
B. C.
"Everyone
was very professional, considerate and easy to deal with."
Bob C. |
This
is to state that B. C. or Bob C on his website is not Bobby Cunningham of Estill Springs, TN.
He never
said that nor was he pleased with their work. He made my daughter promise, before he passed away, that
if there was a heavy snow or ice that she would sleep in another part of the house, not that room. He was afraid
the roof would fall in.
He
was very upset during the building of that room.
I was sent an ad and he is now using
Ross Services,
LLC.