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Successfully Working With A Contractor
Whether you're planning a renovation or a home repair, hiring the right contractor is extremely important. It's critical to know as much as possible about the company you're hiring to work on your house or project, getting multiple bids, preventing miscommunication, understanding any contracts, and knowing what to do if there is a dispute. Our network of attorneys through our Legal Protection Subscription Plans for Individuals & Families can help you through the entire process of working with a contractor, including going over bids, contracts, and helping you through the legal process if there should be a dispute. Learn more about all the benefits of membership and read on for a few tips on working with contractors.
The Contract
It is essential that you have a contract when hiring a contractor before work begins on your home. Get everything in writing, and make sure that your contract covers:
A complete and thorough description of the job and the work to be done
Pricing for the job and each part of the job
How and when payments are to be made
Any guarantees or warranties offered by the builder
The dates work is to begin and end
Signature of both parties
Payment
As mentioned above, an important item to include in the contract is a payment schedule. An example of this might work something like: A down payment before work begins, another payment at the halfway point in the project, and a final payment at the completion of the job. Another payment schedule might be weekly payments based on work completed to date. Having a payment schedule can ensure that the work is getting completed in a timely and correct fashion.
The Right to Cancel
The FTC and some local laws allow for you to cancel work if you need to. An attorney well versed in the laws of your locality will be able to give you detailed and accurate advice regarding your rights in this situation.
Document The Work
Take pictures, keep change orders, bills, and invoices. These items will be useful to make sure the project stays on track and on time. Make sure everything has a date on it and keep your documentation in a safe place and altogether.
What If There's A Dispute
It's a sad fact that things sometimes don't work out, and if you are unhappy with the work or the work wasn't completed and the contractor won't return your calls, an attorney will be able to walk you through the legal aspects, but here are a few suggestions of things to try:
Contact Them
Be respectful, as there may have simply been a miscommunication. If they do not treat you with respect, make sure to document the call and what was said while it is fresh in your mind. If they work for a company, contact them and explain the situation.
Send a Formal Letter
Writing a formal demand letter is often enough to get the contractor back out to finish the work. If you are not comfortable writing such a letter or don't know what to say, our network of lawyers will be able to draft and send a letter on your behalf at no additional fee. Send the registered letter through the postal service to ensure delivery.
File Complaints
The Better Business Bureau, the Contractor Recovery Fund, Homeowners' Recovery Fund, and state and local agencies can help you handle a contractor who has disappeared and/or is not returning your calls.
Get Legal Advice
Our network of dedicated, experienced attorneys can write letters on your behalf, give you legal advice, look over contracts, and protect your rights, all for one low, monthly fee.
If You're A Contractor:
Sometimes, contractors who do good work and complete a job still come across clients who say they're unhappy and refuse to pay. What can contractors do if this happens to them?
Document everything from Day One on the job.
Take photos and videos before you start work, at the end of each work day, and at the end of a job. This gives you a dated timeline of the work.
File A Lien
File what is known as a Mechanic's Lien on the property. This is a guarantee of payment for contractors, so that, when a contractor performs the work and the client refuses to pay, the contractor can file a lien and demand payment before the lien is removed.
File A Breach of Contract
When the terms of the contract are met and the customer still refuses to pay, this is a breach of contract and contractors can then take the client to court for failing to uphold the terms of the agreement.
Whether you're a homeowner or a contractor, having a lawyer in your back pocket (literally, if you use our app!), protecting your rights, your property, and your livelihood is your number one priority. With our Legal Protection Subscription plans for Individuals & Families and for Small Businesses, you can protect your rights, your property, and your work for just pennies per day!