Beware of unlicensed contractors!
Dear Resident or Permit Applicant:
If you are planning a home improvement project like a deck, a new bathroom, or a garage, you will probably need to hire a building contractor.
Not an easy task
There is no shortage of building contractor horror stories. Almost everyone has heard tales of damage, scams, shoddy workmanship, and builders who disappear in the middle of a project. In fact, except for auto repair shops and car dealerships, no other industry has ,generated as many complaints, according to the Council of Better Business Bureaus. It would seem that finding a reliable and qualified contractor is not an easy task.
You can put the odds on your side, however, by making sure you hire only licensed contractors.
Hazards of hiring the unlicensed
While licensing isn't necessarily a measure of competence, it does imply a certain level of professionalism and suggests that the contractor is committed to his or her job. More significantly, licensing can protect you from a number of potential problems, such as the following:
Sloppy work by an unlicensed contractor could have serious ramifications. "Basically, it's a safety hazard if your work isn't done properly," says Brett Martin, Communications Manager for the National Association of the Remodeling Industry. "If it's not structurally sound, if it's not wired properly, obviously you could face major consequences at some point."
These regulatory authorities, however, cannot take this sort of action against unlicensed contractors. Therefore, homeowners often find that their only recourse is a civil lawsuit. And because many unlicensed contractors go in and out of business readily, such a lawsuit is frequently a waste of time. Consumers in some states do not even have this option - in areas where licensing is required, contracts with unlicensed contractors may be legally unenforceable
Warning signs
Even when a license is required, there is no guarantee that every contractor you encounter will actually have a license. While there are certainly honest and competent contractors out there, the industry is unfortunately plagued with incompetence and con artists. It is essentially up to you to protect yourself. Therefore, when evaluating potential contractors, you should be diligent in your screening process. There are a number of "red flags" you should watch for:
Don't rely on a handshake
Familiarize yourself with the licensing requirements for contractors. If you have Internet access, you can find this information online. Two sites that maintain state-by-state contractor licensing information are http://www.contractornet.com and http://www.nationalcontractor.com. The National Association of the Remodeling Industry (NARI) also maintains information on state licensing requirements and a list of state agencies' phone numbers. You can also call your local building or planning department to inquire about licensing requirements.
When you're shopping for contractors, be sure to verify that both the license and insurance information you get is correct. Using the insurance policy number, call the contractor's carrier to make sure the policy is still in effect and that it covers projects such as yours. Also, call your state or local licensing board to verify the contractor's licensing information. The licensing agency should also be able to tell you if there have been any complaints registered against that contractor. You might also call your Consumer Affairs Bureau and Better Business Bureau to ask about any consumer complaints they may have received.
13 steps to hiring a contractor
o
Seek a referral from someone you know who is happy with his or her contractor's worko
Solicit bids from at least three contractorso
Be wary of proposals that are much lower than any other proposalso
Contact the Better Business Bureau to check out any contractors that submit bidso
Insist on a written contract that outlines your entire agreement, including starting and completion dateso
Have an attorney review any documents before you sign them, including contracts, warranties, and planso
Make sure there are no blank spaces on anything you signo
Insist upon a written warranty on all materials and worko
Get all building permits and variances before starting the project - and identify the contractor on the applicationso
Inspect all work before signing a completion certificateo
Withhold final payment until the entire project is finished and inspectedo
Get a contractor's affidavit that all subcontractors and material suppliers have been paid before making final paymento
Report any misrepresentations, shoddy work, failure to honor contracts, unlicensed contractors, or other problems to the appropriate licensing boardTo better your chances of being satisfied with a contractor's work, you can also:
Even after you hire a contractor, your work is not complete. You will still need to remain in close contact with the contractor to ensure the work proceeds on schedule and according to contract. And you may encounter complications or disagreements that need to be ironed out as the project unfolds. However, if you select your contractor carefully in the beginning, you are less likely to have problems later. While screening contractors may seem like more work than the construction project itself, the effort can save enormously in money, annoyance, and time.
Recommendations for the Building Owner When Selecting a Contractor to
Perform Work on an Existing Home or to Construct a New Home
Before you enter into any written agreement to construct a new home or to remodel or build an addition onto an existing home
I . Ensure that the Contractor is appropriately licensed and is a Licensed Construction Supervisor and/or a Registered Home Improvement Contractor.
2. Ensure that the contractor has adequate liability insurance and workers compensation insurance.
3. Ask the contractor for a written list of his/her three most recent projects with names, telephone numbers and addresses of the owners.
4. Call the owners and ask questions as to the performance of the contractor.
Check with your local better business bureau, the Board of Building Regulations and, Standards and the Office of the Attorney General to find out whether the contractor has any complaints filed against the contractor, or whether or not any disciplinary action has been taken against the contractor.
Once you have selected a contractor and before you sign any agreement or contract;
1. Do not enter into any construction agreements without a written contract. Before signing a
contract make sure that your attorney reviews the contract.
2. Ensure that you authorize the contractor to apply for the building permit as your agent.
Registered Home Improvement Contractors are required by law to apply for all building permits which are subject to the Home Improvement Registration Law.
The BBRS strongly cautions building owners against applying for their own building permit. Reputable contractors will apply for the permit, acting as the owner's agent and with the owner's written authority. Other than the homeowner, ONLY A LICENSED CONSTRUCTION SUPERVISOR AND/OR A REGISTERED HOME IMPROVEMENT CONTRACTOR CAN LEGALLY APPLY FOR A BUILDING PERMIT. - Your contractor may need BOTH the license AND the registration depending upon the type of work being performed. If an contractor is reluctant to apply for the building permit on your behalf it may be an indication that the contractor does not possess a license or a registration.
3. Remember for home improvement work covered by Chapter 142A of the General Laws you are EXCLUDED from reimbursement of up to $10,000 from the guaranty fund if you apply for your own building permit or if you do business with an unregistered contractor.