I’ve had bad experiences with contractors in the past. How do I find a good one?

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We’re considering moving into a Planned Community. What should we be aware of?

The Planned Community concept is a trend enabling enhanced security, conveniences and quality of life. Make sure any contract you sign with a Planned Community Developer is contingent upon review by your attorney. Have your attorney remove the "Arbitration Clause" from the contract. Remember; nothing in the developer’s contracts is to your benefit. Because the developers own the land and control the projects, they are resistant to modifying their contracts, especially if the developments sales are strong. If you can, wait until the project is pretty well built-out and buy a pre-owned home. You could save a great deal of money and reduce your anguish.

What is an "underground contractor?"

These are contractors, subcontractors, suppliers, and others who are con artists or scammers. They prey on and target the unsuspecting. Register for the newsletter and review the "Contractor Alert" for more information.

What should I do if a contractor threatens to put a lien on my house?

 In most states there is a "Homeowners Bill of Rights" that regulates and addresses this type of conduct. Contact your local building department or consumer protection agencies for clarification. The con artist contractor uses this technique to intimidate and bully the homeowner into paying his outrageous invoices or statements of services provided. Do not make any payments to this contractor until you regain control of your project. Do not let this contractor back on the job until all issues have been resolved to your satisfaction. Make sure all your communication with the contractor is in writing and send registered U.S. Mail. Document everything and present your case to an attorney if necessary.

What does a "design-build contractor" do?

I like to see people take advantage of the services of the "Design-Build" contractor. The Design-Build contractor has a team of architects, engineers, interior designers, accountants, and others he can bring to the table to assure you get a well designed project. You do not have to shop around for these different trades or professionals; you just work with one or two of these contractors and they provide you with the services and professionals required to complete your project. I believe you get the most value for your money with this service.

What key questions should I ask the contractor’s references?

Very few people ask the "key" questions when looking for or interviewing a contractor. The following are the most crucial:

• Did the contractor keep to the schedule and contract terms?
• Did the contractor willingly make necessary corrections?
• Did the contractor keep the site clean?
• Were there any problems with neighbors?
• Are there any details of the job that remain unfinished?
• Would you hire this contractor again?

The answers to these and other questions will reveal a lot about the quality of his work and his character. Also, speak with his suppliers and ask the manager, "Were all invoices paid on time" and "Would you hire this contractor to work on or in your home?" Their responses to these questions should be revealing.

My contractor has left the job because of a dispute and is making threats. What should I do?

 I’m assuming this may be an "underground contractor." This is a tactic the con artist contractor frequently uses to set you up. Review your contract and see if there is a clause for "Disputes" and how it specifically applies to dispute resolution. If there is no dispute clause in your contract (often there isn’t), contact your attorney for advice. Provide your attorney with all the documentation you have to support and validate your position.

Since I gave my contractor a deposit on my remodeling job, he only shows up on my job for a short time and is slow to return my phone calls. What should I do?

You are in a vulnerable position. If you checked out his references prior to hiring him, go back to these references or projects he was working on and find out if any of them know what might be going on with his business. If he’s doing this to you, he’s also doing it to others....try to find out who they are. If he deposited your check and it cleared your account, have your banker contact his banker. You will stir something up doing this. Your objective at this point is to have him return your deposit in full. You are on a damage control mission and should not be concerned about anything except getting your deposit back. If he is in contract default, you may be able to persuade him to do the right thing - to refund your deposit so you can each go your own way. If he balks at this or tries to manipulate you into reaffirming your contract, contact your attorney for his advice.

I hired a contractor to do a major remodel on our home, which has sent me on an emotional roller-coaster ride. I hired the contractor despite my wife’s objections and feel personally responsible for the mess we are in. What can I do at this point?

Since you have lost control of your project, you will need to regain the upper hand ASAP. I suggest you send a letter to the contractor issuing a "stop work" order. Outline your reason, and all your problems and disputes in a chronological manner. Take dated photos to document the condition of the construction site and any substandard work performed by the contractor or his subcontractors. Do not let this contractor or his people back on your job site, and do not make any payment disbursements regardless of his threats. Retain professional advocates to act on your behalf from this point on, and inform the contractor in your letter of this intent. You have "homeowner rights" and your Professional Advocate will assess how these "rights" apply to you and your situation.