"Just Sign on The Dotted Line": What You Should Know Before Signing A Home Improvement Contract

Well, the first thing you need to do is some research. Ask around with people you know and trust to get names of trusted contractors. Once you have names, get license numbers that you can use to check your local state or county Consumer Affairs Business License Division. Does the name and address on the license match what the records say? Is the license still valid? Have there been any complaints made about the contractor?

Once you've established all of this and have chosen your contractor, it's time to sign a home improvement contract. According to experts, there is an entire laundry list of items that you should look for in a written home improvement contract. Most notably these conditions are the full information of the contractor that includes their professional license number.

Also included in this contract should be all of the details of the project, dates to start and be finished by, payment arrangements that include cost and most especially a 'right to cancel' agreement that gives you the right to change your mind about the contract that you have signed. Generally the agreement is for 3 days, and another benefit to this agreement is that it will detail what will happen if something unexpected happens after work on the project has started.

Don't forget to include the small items as well. When contractors are working on your property, they are going to require certain facilities. Are you comfortable with them using your home toilets and phones, or would you rather they use their own?

You should always take great pains to protect both yourself and your property. When you have a home improvement contract presented to you, you should never sign it unless it is completely filled in. Don't be afraid to ask questions about things that you may not understand. This is your home we're talking about, don't be shy!

Protect yourself financially

Keep a copy of the home improvement contract filed away, even after the project has been completed. Don't pay more than the minimum guaranteed down payment and don't pay off the remainder until the project has been completely finished and all the debris has been cleared away.

This is not a comprehensive article and should be taken as such. But if you want to have a beautiful home that you can be proud to show off to your friends, take your time to have the job done right the first time. Take care of yourself, take care of your house, and you'll be taken care of.

Article Source: http://www.ArticleStreet.com/

About the Author

William King is the webmaster for Home Improvement DYI where you find many resources an other articles on just about everything related to home improvement.

What to Know Before Signing a Home Improvement Contract

by: Susan Chana Lask, Esq.

It is important to be a very careful consumer when it comes to home improvement contractors. For instance, I had a case where my client, an elderly and blind woman, signed a contract and paid $30,000.00 to a home improvement company that disappeared with all of her money! Unfortunately, the company was a scam operation, my client lost her life's savings and it will take some time in court before my client may ever see her money again however, her mistake will be a lesson to all of you because this article explains how to protect yourself from home improvement fraud.

Before signing any contract with a home improvement company, first ask that company for its license number and check it out with your State or County Consumer Affairs' Business License Division. Find the License Division on the web or call information and get their number. You want to find out (1) the name and address of the company associated with the license number given to you, (2) if the company is currently licensed and the license expiration date and (3) whether any complaints have been made against that company. The answers to those questions will help you determine if you want to proceed with signing a contract. Make sure both the contractor and the company he works for are licensed to work in your State.

If your going to sign the contract then make sure certain things are included pursuant to your understanding and as required by your State’s Home Improvement Business Law. The contracting company's name, address and phone number should be printed on the contract. Also, it is important that the contracting company's home improvement license number is printed on the contract and that it is not different from the number you called and inquired about with Consumer Affairs. Lastly, make sure that all of the work to be performed is listed in the contract and that the approximate start and end dates of work are included. You should put a penalty clause in the contract regarding the contractor’s failure to timely complete the work because contractors are notorious for starting jobs and then leaving for a few days or weeks to do other jobs while you sit and wait in your dismantled kitchen for him to return. Once the contract terms are satisfactory then the contract should be signed by both you and the company's representative.

An example of a consumer protection law is New York’s General Business Law §771 ("GBL") requiring all home improvement contracts shall be in writing and contain certain terms of payment, fees for services and materials and start and completion dates, among other terms. GBL §771 is a consumer protection statute to prevent the misunderstandings between contractor had consumer and to protect the consumer from overreaching of the contractor, such as charging for work that was not agreed upon. GBL §771 limits the contractor who disregards its written contract requirements to satisfactorily proving to a court each and every item of work he did and the reasonable value of each item by detailed invoices, timesheets and proof of hourly rates, among other proofs. So, if the contractor who failed to put your home improvement work in writing attempts to collect $20,000.00 from you, he has to prove the value of his services in detail before scaring you into paying an amount you had no idea about. New Jersey’s Consumer Fraud Act and the Home Improvement Act protect the consumer even more by denying the contractor from recovering any monies if he violates any of the consumer laws AND he will pay three times the amount of damages (called treble damages) to the consumer for his failing to obtain proper permits or licenses or any other violation of those laws.

Lastly, protect yourself by not paying 100% upfront. Most contracting companies ask for a deposit upon your signing the contract. I suggest that you put down as little as possible and arrange a payment schedule with the company where you will pay a certain amount as certain work is completed. Of course, always get a receipt, signed by the company and stating the date and amount of any monies paid to the company if you pay anything in cash.

This article is certainly not all inclusive and is intended only as a brief explanation of the legal issue presented. Not all cases are alike and it is strongly recommended that you consult an attorney if you have any questions with respect to any legal matters.

Any questions and/or comments with respect to this topic or any other topic, contact:

http://www.appellate-brief.com

Law Offices of Susan Chana Lask
853 Broadway, Suite 1516
New York, NY 10003
(212) 358-5762

Susan Chana Lask, Esq. c 2004

About The Author

Susan Chana Lask is named in the media as New York's "high powered attorney". She practices sucessfully all civil, criminal & appeals cases in State & Federal courts nationwide. http://www.appellate-brief.com
scl@appellate-brief.com

Protecting Yourself and Your Home When You Sign a Home Improvement Contract

Hank Jaworowski

A Home Improvement Project can be filled with a variety of problems and headaches. Most people are very trusting individuals and are not aware of the many problems that occur when one attempts a home improvement project. If you choose to embark on a project than you need to protect yourself and your home from common problems that occur BEFORE you sign on the dotted line. Make sure that before you sign a contract with someone to do a project that the following items or clauses are included in that contract:

CONTINUOUS WORK CLAUSE - This clause should detail the minimum number of people working on your home each day, Monday through Friday. If weather is a factor and work cannot take place, you should include in your contract that you will receive a call by 8 a.m. that day, if no one is going to show up because of bad weather. The contractor should agree to 7 hour work days, and work will not run past 5:00 p.m., unless permission is received by you. Reduction of $_________(determine an amount) in total price if project work schedule not continuous, with minimum manpower, for full seven

STARTING DATE CLAUSE - Full refund by contractor if job not started by__________.

COMPLETION DATE CLAUSE - The amount of $_______ will be subtracted per day, for every day project is not completed by________.

WORK SITE CONDITION CLAUSE - All areas to be kept “broom clean” on a daily basis. Define “broom clean”.

WORK STOPPAGE CLAUSE - this gives you the right to cancel the contract if work is deemed unsatisfactory or gets inexplicably delayed.

MATERIAL INSTALLATION CLAUSE – All installations will be done according to manufacturer specifications and local building codes, unless otherwise noted.

ARBITRATION CLAUSE – If unsolvable problem(s) arise both parties agree to arbitration by National Arbitration Board or other. Both parties agree to abide by decision.

WARRANTY CLAUSE - All labor and product warranties will be supplied by contractor before final payment.

MATERIAL DELIVERY AND STORAGE CLAUSE - All deliveries to be accepted by contractor, securing materials will be the responsibility of contractor until installation and materials will be covered and placed _________ on property.

SUBCONTRACTING CLAUSE - Contractor shall not assign this project to any other company or individual, unless they are listed as a subcontractor, without the written consent of the homeowner.

PERMIT AND FEES CLAUSE - Contractor is responsible for all required permits, fees or notices required for the work within.

PROPERTY DAMAGE CLAUSE - Contractor shall be responsible for any damage caused to existing conditions. The contractor is liable for the full cost of the repair. The homeowner will determine who will repair the damage and at what cost.

JOB SITE BEHAVIOR CLAUSE - No loud music, foul language, alcohol or drug consumption, no cigarette butts to be left on property, and workers will wear shirts at all times.

COMMUNICATION CLAUSE - If homeowner needs to clarify a situation and attempts to call contractor or contractor’s office during daytime hours (8 a.m. to 5 p.m.), contractor agrees to return call or contact homeowner within 2 hours of homeowner’s call. If call back or contact is not made within 2 hours, there will be a deduction of $_________ per occurrence from the cost of the project.

SUBCONTRACTOR NAME, ADDRESS AND LICENSE NUMBERS CLAUSE -Names, address and license numbers of all subcontractors to be used on project.

STARTING DATE CLAUSE - Full refund by contractor if job not started by_(Date)__.

COMPLETION DATE CLAUSE - The amount of $_______ will be subtracted per day for every day project is not completed by_(Date)_.

These 17 clauses will protect you and your home from problems that will occur in the completion of your Home Improvement Project. Make sure your contract includes them all.

If you are looking for more ways to make sure your home improvement project is completed without all the costly mistakes, then join The Home Improvement Success Club of America™ at http://www.homeimprovementsuccess.com. This National Club provides you with all the “tools” and information that you will need to get the job done on time, within budget and without all the headaches!

The Home Improvement Success Club of America™
http://www.homeimprovementsuccess.com
e-mail-info@homeimprovementsuccess.com
P.O. Box 653
Smithtown, NY 11787
Phone: 631-360-7722
Fax: 631-361-3582

About The Author

Hank Jaworowski has been a Nationally Certified Remodeler (CR) through the National Association of The Remodeling Industry (NARI) since 1994. He was president of Contemporary Home Remodeling Corp. from 1978-2003. Contemporary earned some of the industry's highest awards such as Remodeling Magazine's Big 50 (1999) and receiving a National Contractor of the Year Award (2002). Mr. Jaworowski has given numerous seminars and conferences, throughout the years, on how homeowners can get the home improvement results they deserve.