Home Improvement A Magellan Guide

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A Magellan Guide

Home Improvement
Your home may be your most valuable             Hiring a Contractor
financial asset. That’s why it’s important
                                                Home improvement and repair and main-
to be cautious when you hire someone to
                                                tenance contractors often advertise in news-
work on it. Whether you’re planning an
                                                papers, the Yellow Pages, and on the radio
addition for a growing family or simply
                                                and TV. However, don’t consider an ad to
getting new storm windows, finding a com-
                                                be an indication of the quality of a contrac-
petent and reliable contractor is the first
                                                tor’s work. Your best bet is a reference from
step to a successful and satisfying home
                                                friends, neighbors or co-workers who have
improvement project.
                                                had improvement work done by the con-
                                                tractor. Get written estimates from several
Home Improvement Professionals                  firms and compare them. Ask for explana-
Depending on the size and complexity of         tions for price variations. Don’t automati-
your project, you may choose to work with       cally choose the lowest bidder, and inter-
a number of different professionals:            view each contractor you’re considering.
• General contractors manage all aspects        Here are some questions to ask:
  of your project, including hiring and         • How long have you been in business?
  supervising subcontractors, getting build-      Look for a well-established company and
  ing permits and scheduling inspections.          check it out with consumer protection
  They also work with architects and               officials. They can tell you if there are
  designers.                                       any unresolved consumer complaints on
• Specialty contractors install particular         file. However, if you don’t find a record
  products, such as cabinets or bathroom           of complaints, it doesn’t necessarily mean
  fixtures.                                        that there were no previous consumer
                                                   problems. Problems may not have been
• Architects design homes, additions
                                                   reported, or the contractor may be doing
  and major renovations. If your project
                                                   business under several different names.
  includes structural changes, you may
  want to hire an architect who specializes     • Are you licensed and registered with
  in home remodeling.                             the state? While most states license elec-
                                                  trical and plumbing contractors, only 36
• Designers have expertise in specific areas
                                                  states have some type of licensing and
  of the home, such as kitchens or bath-
                                                  registration statutes affecting contractors,
  rooms.
                                                  remodelers and/or specialty contractors.
• Design/Building contractors provide             The licensing can range from simple
  one-stop service, and see your project          registration to a detailed qualification
  through from start to finish. Some firms        process. Also, the licensing requirements
  have architects on staff; others use certi-     in one locality may be different from
  fied designers.                                 the requirements in the rest of the state.
                                                  Check with your local building depart-
                                                  ment or consumer protection agency to
                                                  find out about licensing requirements in
                                                  your area. If your state has licensing laws,
                                                  ask to see the contractor’s license and
                                                  make sure it’s current.
• What types of insurance do you carry?
  Contractors should have general liability,       Tip—Unfortunately, as in any industry, there
  workers’ compensation and property dam-          are some contractors who may be less than
  age coverage. Ask for copies of insurance        reputable. Not all contractors who employ
  certificates, and make sure they’re current.     these practices are dishonest, but the
  Avoid doing business with contractors            following may be tip-offs to potential rip-
  who don’t carry the appropriate insurance.       offs. Watch out for contractors who:
  Otherwise, you’ll be held liable for any         •   solicit door-to-door
  injuries and/or damages that occur during
  the project.                                     •   offer you discounts for finding other
                                                       customers
• How many projects like mine have you
  completed in the last year? Ask for a list.      •   have materials left over from a
  This will help you determine how familiar            previous job
  the contractor is with your type of project.     •   only accept cash payments
• Will my project require a permit? Most           •   ask you to get the required building
  states and localities require permits for            permits
  building projects, even for simple jobs like
                                                   •   do not list a business number in the
  decks. A competent contractor will get all
                                                       local telephone directory
  the necessary permits before starting work
  on a project. If the contractor asks you to      •   tell you your job will be a
  get the permit(s), it could mean that he or          “demonstration”
  she is not licensed or registered, as required   •   pressure you for an immediate decision
  by your state or locality.
                                                   •   offer exceptionally long guarantees
• Will you be using subcontractors on
  this project? If yes, ask to meet them,          •   ask you to pay for the entire job
  and make sure they have current insur-               up front
  ance coverage and licenses, if required.         •   suggest that you borrow money from a
  Also ask them if they were paid on time              lender the contractor knows
  by this contractor. Lien laws in your state
  may allow subcontractors and/or suppliers        •   offer you a home equity loan even if
  to file a mechanic’s lien against your home          you don’t have enough money to make
  to satisfy their unpaid bills. That means            the monthly payments
  the subcontractors and suppliers could go        •   ask you to sign a document you haven’t
  to court to force you to sell your home              read or that has blank spaces to be
  if your contractor does not pay them.                filled in after you sign
  Contact your local consumer agency or
                                                   •   suggest you deed your property to
  an attorney for an explanation of lien laws
                                                       someone. First consult an attorney,
  where you live and for information on how
                                                       a knowledgeable family member or
  to protect yourself.
                                                       someone else you trust
• May I have a list of references? The con-
                                                   Note—Always read any legal document
  tractor should be able to refer you to at
                                                   thoroughly before signing it and consult an
  least three clients who have projects similar
                                                   attorney if you have any questions.
  to yours. Ask each how long ago the proj-
  ect was completed and if you can see it.
  Also, tell the contractor that you’d like to
  visit jobs in progress.
Checking References                                • Don’t make the final payment or sign any
It’s important to check a contractor’s refer-        final documents until you are satisfied with
ences. Talking with some of the remodeler’s          the work and know that the subcontractors
former customers will help you decide if a           and suppliers have been paid.
particular contractor is right for you. You        • Some state or local laws limit the amount
may want to ask:                                     by which the final bill can exceed the
• Were you satisfied with the project?               estimate, unless you have approved the
  Was it completed on time?                          increase. Check with your local consumer
                                                     agency or an attorney for information on
• Did the contractor keep you informed               the laws in your area.
  about the status of the project and any
  problems along the way?                          • If you have a problem with merchandise or
                                                     services that you charged to a credit card,
• Were there unexpected costs? If so, what           and you have attempted in good faith to
  were they?                                         resolve the problem with the seller, you
• Did workers show up on time? Did they              have the right to withhold payment from
  clean up after finishing the job?                  the card issuer up to the amount of credit
                                                     outstanding for the purchase, plus any
• Would you recommend the contractor?                finance or related charges.
• Would you use the contractor again?
• Can I visit your home to see the completed       Getting a Written Contract
  job?                                             Contract requirements vary by state. Even if
                                                   your state does not require a written agree-
Understanding Your Payment Options                 ment, ask for one. The agreement should be
                                                   clear, concise and complete. Before you sign a
You have several payment options for most
                                                   contract, make sure it contains:
home improvement and maintenance and/or
repair projects. For example, you can get your     • The contractor’s name, address, telephone
own loan or ask the contractor to arrange            and license number, if required.
financing for larger projects. For smaller proj-   • The payment schedule for the contractor,
ects, you may want to pay by check or credit         plus any subcontractors and
card so you have a record of the transaction.        suppliers.
If you choose to pay cash, make sure you get
a receipt. Whatever option you choose, be          • Estimated start and completion dates.
sure you have a reasonable payment schedule        • The contractor’s obligation to obtain all
and a fair interest rate.                            necessary permits.
Here are some additional tips:                     • How change orders will be handled. A
• Try to limit your down payment. Some               change order—common on most remodel-
  state laws limit the amount of money a             ing jobs—is a written authorization to the
  contractor can request as a down payment.          contractor to make a change or addition to
  Contact your state or local consumer agen-         the work described in the original contract.
  cy to find out what the law is in your area.       It could affect the project’s cost and sched-
                                                     ule. Remodelers often require payment for
• Try to make payments during the project            change orders before work begins.
  contingent upon completion of a defined
  amount of work. This way, if the work is         • A detailed list of all materials needed,
  not proceeding according to schedule, the          including color, model, size, brand name
  payments are also delayed.                         and product.
• Warranties covering materials and work-        Completing the Job: A Checklist
  manship. The names and addresses of the        Before you sign off and make the final pay-
  parties honoring the warranties—contrac-       ment, use this checklist to make sure the job
  tor, distributor or manufacturer—must          is complete. Check that:
  be identified. The length of the warranty
  period and any limitations should also be      ‰‰ All work meets the standards spelled out
  spelled out.                                      in the contract.
• What the contractor will and will not do.      ‰‰ You have written warranties for materials
  For example, is site clean-up and trash           and workmanship.
  hauling included in the price? If not, ask     ‰‰ You have proof that all subcontractors
  the contractor to add a clause that makes         and suppliers have been paid.
  him or her responsible for all clean-up
  work, including spills and stains.             ‰‰ The job site has been cleaned up and
                                                    cleared of excess materials, tools and
• Oral promises, which should be added to           equipment.
  the written contract.
                                                 ‰‰ You have inspected and approved the
• A clause detailing your rights and options        completed work.
  concerning cancellation of the contract.
  The contract must be dated, show the           Where to Complain
  name and address of the contractor, and
  explain your right to cancel.                  If you have a problem, first try to resolve it
                                                 with the contractor. Many disputes can be
Note—As with any legal document, it’s best       resolved at this level. Follow up any tele-
to have an attorney review the contract before   phone conversations with a letter sent by cer-
you sign it.                                     tified mail, and request a return receipt. Keep
                                                 a copy for your files.
Keeping Records
                                                 If you can’t get satisfaction, consider contact-
Keep all paperwork related to your project,      ing the following organizations for further
including copies of the contract, change         information and help:
orders and correspondence with your home
improvement professionals. Keep a log of all     • State and local consumer protection offices
telephone calls, conversations and activities,   • Your state or local Builders Association
and take photographs as the job progresses.        and/or Remodelors Council
These records are especially important if you
                                                 • Your local Better Business Bureau
have problems with your project—during or
after construction.                              • Action line and consumer reporters (check
                                                   with your local newspaper, TV and radio
                                                   stations for contacts)
                                                 • Local dispute resolution programs
                                                 • An attorney
Helpful Resources
Consumer Response Center
Federal Trade Commission (FTC)
600 Pennsylvania Avenue, N.W.
Washington, DC 20580
877-FTC-HELP (877-382-4357)
www.ftc.gov
The FTC publishes free brochures on many
consumer issues. You can also file a complaint
with the FTC. Note—Although the commis-
sion cannot resolve individual problems for
consumers, it can act against a company if it
sees a pattern of possible law violations.
National Association of Consumer
Agency Administrators (NACAA)
2 Brentwood Commons, Suite 150
750 Old Hickory Boulevard
Brentwood, TN 37027
866-SAY-NACAA (866-729-6222)
www.nacaa.net
NACAA members are public and private
advocates who work with consumers to solve
problems and advance legislation, and sup-
ports consumer education. Educational mate-
rials and links to other consumer awareness
web sites are available.
National Association of Home Builders
(NAHB)
1201 15th Street, N.W.
Washington, DC 20005
800-368-5242
www.nahb.org
This web site provides information on every
phase of the remodeling process as well as
answers to frequently asked questions.
Source—This guide has been adapted from the Federal Trade Commission
                               (FTC) publication, Home Sweet Home Improvement (August 2001).

 This publication is for general informational purposes only and is not intended
      to provide any reader with specific authority, advice or recommendations.

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