Your Rights as the Contractee
Right At Home
Daily: Finding It: Your Rights as the Contractee
By Barbara B. Buchholz for Right at Home Daily
You're mentally prepared to renovate your home,
and know what you want and the price you'd like to pay. But what are your rights
as the contractee (also known as the homeowner)?
In any contractor-homeowner relationship, you
need not play the role of an innocent victim or a mean taskmaster. But you need
to be there in person, as much as in spirit, to check on the daily progress,
make decisions in a timely manner, and resolve issues.
It
is important to set boundaries to avoid unnecessary battles. Discuss
with your contractor when you expect the crew to arrive and leave each day,
how clean the job site should be, and whether or not the crew should use your
cleaning supplies.
Establish house rules about bathroom and telephone
use (before you say yes, find out where the crew will be calling). Do you want
the crew smoking in your house? What about on your front lawn? Should they use
your driveway to park their trucks? You may even want to note which rooms will
be off limits entirely, to protect household furnishings.
If you're not going to be living in the house
during construction, decide whether you want to give keys to your house and
your alarm code to an appointed person in the crew. You could open the door for them
each day and lock up after they're gone, but if you don't live or work in the
area, this might be difficult. You should give your contractor and crew a telephone
number (a cell phone or pager is best) where you can be reached at all times
in case of a question or an emergency.
Remember, though the crew is working for you,
they are not your slaves. Don't chastise, yell or ask anyone to take on other
tasks (such as planting begonias in your garden).
You are entitled to know immediately about problems,
unexpected costs, and changes required in the plans. If a sink you've ordered
from Italy is going to take an extra six months to arrive, you should know this
up-front and have the option to cancel and order something else.
Your contract should spell out a start and end
date, a payment schedule, and whether the contractor will be paid a bonus for
finishing the work on time or ahead of schedule. Few contractors will agree
to penalties for construction delays, though it can't hurt to ask.
Above all,
be sure your contractor is bonded, insured and licensed. Decide in advance who
will hire the architect to draw the detailed plans and elevations, and who will
apply for the building permits. Offer to provide the contractor with a set of
local building codes, available from your local city hall. Remind your builder
that payment is subject to receipt of lien waivers for sub-contractors and materials.
Finally, never sign a contract with anyone until
an attorney who specializes in real estate and construction contracts has reviewed
it.
TAKE IT AND RUN
As the homeowner, you want as much protection
as possible. But the contractor you've chosen also has rights. For a successful renovation, keep these points in mind:
1. Your contractor is being hired to perform a service.
If he or she fails to do what has been spelled out in the contract, you should
have the option to terminate the contract.
2. Don't try to be friends with your contractor.
Be friendly and civil, but remember that you may have to terminate the contract.
3. Your contractor should be able to provide
you with a "to-the-penny" breakdown of the budget at any time (a computer
spreadsheet is best). The budget spreadsheet should include money spent and
future costs. Talk with your contractor about this expectation before you sign
the dotted line.
4. Be specific. Talk about the type of paint
to be used and the number of coats. Get serial numbers and insist that the items
listed in the plans and contract be bought.
