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Legal Resources

Home Improvement

Consumer Corner

Home improvements cause a lot of problems. The bigger the job the less likely it will go smoothly. Often the first problem is getting contractors to bid. Next is getting them to start, then to keep at it, then to finish on time. In between there can be all kinds of difficulties, from shoddy work to inferior materials to not cleaning up the mess. And God help you if you discover problems after you've made your final payment.

Problems are inherent in the work, the people and the relationship. There's no way to eliminate them, but you can reduce them by learning from the mistakes of others. The following tips were developed by the New York State Consumer Protection Board based on a survey of homeowners and their experiences with home improvement work done by contractors.

  1. Start your search for a contractor by calling someone who has worked for you before or comes recommended by friends, neighbors or relatives.
  2. Look for signs that the contractors you are considering are reliable. Signs include: an established place of business, all required licenses, an absence of consumer agency complaints, a long time in business, a long list of references, a good reputation with suppliers and with government agencies that issue permits and check work.
  3. Take the time to learn what's involved in the type of improvement you want. The more you know the better your chances of getting it.
  4. Get more than one estimate. If there's a large variation in the first 2 or 3, get even more.
  5. When you're down to one or two contractors, get the names of previous customers who had similar work done and talk to them. Inspect the work, if possible.
  6. Put your agreement with the contractor in writing. Be as specific as you can. Include details. Specify products and materials, costs and payment schedules. Make all blueprints, plans or sketches part of the contract. Include all guarantees. Consider a performance bond. Get exact starting and completion dates. Consider penalties for late work. A little time spent getting things settled now can save lots of time or money later.
  7. Check insurance coverage. Ask for evidence the contractor has workmen's compensation and liability insurance. Check your own homeowner's policy or with your insurance agent about your coverage for accidents to people working on your property.
  8. Plan your payment schedule to correspond roughly to the contractor's progress on the work. Don't pay too much up front. Avoid putting the contractor in a position to profit by abandoning or delaying your job.
  9. As much as possible, be home while the work is in progress. Check work as it is done, pointing out shoddy work immediately. Your presence and attention can make a big difference in the quality of the job you get.
    Don't sign a certificate of completion or make your final payment until all subcontractors have been paid and the work is finished to your satisfaction. Give yourself time to notice defects. With a roof, for example, you need a hard rain to test water tightness.
    Use your Union Plus legal services program. Call a lawyer before you sign a contract. Consider having him draft it. Consult him if a question comes up. Thanks to the legal program you're in a much better position than most people to minimize your home improvement headaches. Maybe some day a few contractors will do all their work right the first time, on time, on budget. Until then, be careful and use your legal program.

To find a lawyer in your area, complete the online form.

Source: National Resource Center for Consumers of Legal Services.




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