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Best tips for not getting burned by contractors

472scout

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After reading about yet another member getting burned by a contractor I'm curious what people have done to protect themselves.

Maybe a better way to ask this is what are the best practices for vetting a contractor and how would you write the perfect contract?
 
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472scout

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Most common issues seem to be:

Low quality work
Excess budget overruns
Starting work months after the agreed upon date
Taking a year to complete work that was supposed to finished in a few couple of months
Finishing half the project and then disappearing

It's not just construction and remodels either. Seems to happen constantly in auto restoration, paint and body.
 

ConCretin

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Don't pay in full until it is done. Pay suppliers directly for materials. Make sure they are insured and bonded
You could write a book on this subject but if you follow this advice or a variation of it, it'll minimize the damage if things go south.

Bonding isn't very common in residential work unless it is required by a state's regulatory structure but most states have some form of consumer protection for homeowners including limitations on deposits, etc. Make sure you understand all this before you hire a contractor.

Also, make sure you understand your state's lien laws. Typically anyone who supplies labor or materials to you project can lien your property even if you've already paid your contractor for the same improvements. Make your contractor sign a lien waiver with every payment but just as importantly, know who he is doing business with and make him get lien waivers from these entities for the previous payment before making additional payments.

It's not practical to demand your contractor cash flow the job and pay subs and vendors before he is paid but 2nd tier lien waivers help ensure you don't pay for the same thing twice.
 

HoosierBuddy

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Don't take a chance on an unproven builder. You have to work with a contractor who is big enough that he can absorb the cost of a major mistake. Let's say you go with "The new guy just getting started" for 15% less than the "big guy" and after the floor is poured, for whatever reason there's a mistake and it needs to be jack hammered back out and redone. Can the "new guy" take that hit? No way. The big builder? They won't like it, but they can absorb a loss.

I had this exact discussion with a guy two months ago getting pole barn quotes. He was researching builders and the "name builder" had zero complaints and all the little builders had many complaints. The "name builder" was 15% more and couldn't start for four months. He asked me what to do and I said, "GET ON THEIR LIST TODAY!"

But he was hesitating....after all....he could save 15%, and how bad could "the new guy" be?

My point here is, sometimes we bring these issues on ourselves.
 

engineer2

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Have a detailed written plan for what you want done.
Don't change your plans part way though the project. Contractors hate that.
Have a discussion about "punch list" items when the work is almost done. Some contractors like to disappear at that point.
Paying up front is a good way to get cheated.
 

mike93lx

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Have a detailed written plan for what you want done.
Don't change your plans part way though the project. Contractors hate that.
Have a discussion about "punch list" items when the work is almost done. Some contractors like to disappear at that point.
Paying up front is a good way to get cheated.
I would adjust that to "try to not change plans part way through". It is your house, your money. Get what you want. Just don't be surprised if it costs more and/or takes longer when you change your mind.
 

FMB4

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Don't pay in full until it is done. Pay suppliers directly for materials. Make sure they are insured and bonded
This is the very best advice when dealing with contractors.

Not paying in full until the project is finished = less of chance of the contractor pulling a disappearing act on partially finished project.

Paying suppliers directly = no lien on your property when the contracting company fails to pay for supplies and materials related to your project.

Hiring only bonded and insured contractors = less chance of you being sued. Doing so also helps you avoid having incompetent clown crews messing up your project.

Note: do not take the word of the contractor that says they're 'bonded and insured'. Always double check such claims your County agency.
 

Jinks

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If possible own the property & be onsite as much as possible. A contractor will tell you that you can't be onsite during construction. Mine even tried to tell me he had control of the property until the "certificate of occupancy" was issued. The reality was that since it was a "remodel", & I owned the property there would be no "certificate of occupancy" issued & I still controlled the property. I told him to call any authority he liked & see who they removed.....he never did...... :dunno:

Don't be onsite to the point you get in the way, but be there as much as possible. Even go by in the evenings after work, or on weekends. Verify the work is proceeding as you expect. If you have issues or problems discuss them with the contractor or his onsite supervisor. Leave the sub's alone unless they ask you a specific question. If you see a sub doing something wrong, don't correct them. Talk to the contractor/supervisor even if you have to call them.

In your contract specify that all changes from the agreed plans, & prices, will be done with a written change order. Insist on lien wavers when you pay the draw that covers that portion of the work/material. Keep a calendar! Write down everything, weather, who's on the job, what they completed, what problems you have, what they have done right, what days they didn't show, what they did wrong & what it took to have it corrected.

Having something built is easy, having it built right is a lot of work.
 

jack stand

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It seems that there's so much work out there to really pay attention to the old saying that "the good guys are always busy". Like it or not, you may have to wait for your spot on his list and if it's more than 2-3 jobs deep, be prepared to have it bumped if he'll give you a date at all.
I get the impression that a lot of guys here think they're building a piano. No your building a simple garage and just look for plumb, level and square. This is of course is being simplistic but take a look at any portion of your house that you can see the framing (basemen or garage). This is probably typical of what you can expect and if there's anything that disturbs you ... show him during at an initial meeting.
Finally, offer to meet him on one of his ongoing jobs, check it out yourself. Recommendations and word of mouth is a good way to select a builder if you can.
 

nadogail

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The best advice I can give you is: Check with your local Contractors License Board to make sure the contractor has a valid license; don't take the contractors word for that.

Read what the others have posted here; many of their posts were written in Blood and Tears.
 

FredWanaker

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what would keep someone from out of the area going to the state Contractor's License Board online, picking a common name, finding someone with the appropriate type license that has a good standing and reputation, printing a business card and stealing that identity? Even the bond information is online in some states.
 

FMB4

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what would keep someone from out of the area going to the state Contractor's License Board online, picking a common name, finding someone with the appropriate type license that has a good standing and reputation, printing a business card and stealing that identity? Even the bond information is online in some states.
Again, that's why you should check everything out with the county and/or CLB (as stated above).
 

IBEME

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Beside the above, rule of 1/3. 1/3 down, 1/3 3/4 of the way completed. 1/3 after review of finished job.
 

Walkers

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Get their license, bond, and insurance information up front. Pay no more than 10% down. Pay with credit card if possible. Get a written contract that shows delivery date. Agree on the level of quality expected in the contract. Don’t pay the remainder until you are satisfied.

I have been a contractor for 15 years. I have been asked for my license and insurance information exactly 1 time by one contractor that I sub for (they also ask for it to be updated every year).
 

mike93lx

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I would love to know who is starting major work with 10% down.

The last few things I have hired out or looked at (carpets, paint, a pool, landscaping, fence) have all required 50% deposits to get the jobs scheduled or have any work started. Any of those companies would have laughed at 10%
 

ConCretin

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I would love to know who is starting major work with 10% down.

The last few things I have hired out or looked at (carpets, paint, a pool, landscaping, fence) have all required 50% deposits to get the jobs scheduled or have any work started. Any of those companies would have laughed at 10%
That's the challenge. It's a sellers market. Make too many demands on a potential contractor and they will just move on to less demanding customers. This puts the homeowner between a rock and a hard place if they want to get a project done.

Probably the best you can do is find a contractor with reasonable payment terms. This will probably mean a finding more established firm and paying a bit of a premium rather than the cheaper guy working out his pick up truck. Nothings guaranteed but the risk is probably lower.

I wonder how many people who are willing or able to go this route. Not many I'm guessing.
 

mike93lx

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That's the challenge. It's a sellers market. Make too many demands on a potential contractor and they will just move on to less demanding customers. This puts the homeowner between a rock and a hard place if they want to get a project done.

Probably the best you can do is find a contractor with reasonable payment terms. This will probably mean a finding more established firm and paying a bit of a premium rather than the cheaper guy working out his pick up truck. Nothings guaranteed but the risk is probably lower.

I wonder how many people who are willing or able to go this route. Not many I'm guessing.
It's the reality. I am having a pool in and the initial deposit was "only" 5k,but the next payment is 50k and that's to break ground. At least the balance is due on the day they apply plaster. If I wanted a pool, that was needed to be spent.

Carpets were the same, 50% down to schedule. I held back the balance when we moved in (end of June) due to issues with the pad, which just got resolved today while they waited on warranty approval from the manufacturer and a new supply of better stuff. They never hounded me and I didn't have to chase them, but I am very glad I didn't write that last check yet.
 

vrinner

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I paid my concrete guy directly. He paid the guys who did the pumping who got the job for a bigger pump company who then paid the concrete supplier.

Prior to making my final payment to the concrete guy, I called the supplier (very big company out here in SoCal) for current status and they asked for my address, said Oh, no need to worry, they (the big pumper company ordering the material) are a very big account.

Well...it was a problem and took almost two months to get it all worked out due to the middle pumper company not paying the bigger pumper company. So...lesson learned, pay the suppliers directly.
 
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mike93lx

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I paid my concrete guy directly. He paid the guys who did the pumping who got the job for a bigger pump company who then paid the concrete supplier.

Prior to making my final payment to the concrete guy, I called the supplier (very big company out here in SoCal) for current status and they asked for my address, said Oh, no need to worry, they (the big pumper company ordering the material) are a very big account.

Well...it was a problem and took almost two months to get it all worked out due to the middle pumper company not paying the bigger pumper company. So...lesson learned, pay the suppliers directly.
Crazy that people think the size of a company means they pay their bills.
 

jetnow1

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State laws vary, check your local laws as to down payment restrictions. Common for them to limit it from 10% to 33% but
specifics vary state to state. Special order items are usually exempt. There may be limits based on job $$$ size as well, ie
a contract to paint a bedroom may allow 50% down, building a custom garage may have a 10% limitation. Don't expect an answer from across the country to mean much for your location.
If the job is larger than 20k you might have a lawyer look at any contract prior to signing. A few hundred up front may save a lot later, or at least let you know what your rights are. Remember most contractors are using a contract drawn up by a lawyer to protect them.
 
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472scout

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One problem I think is people don't request or see the contract until signing day. Then they're in a rush to read and sign it.

Googling "contractor laws" with the name of my state pulled up local lawyer blogs with good information.
 
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Half-fast eddie

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I would love to know who is starting major work with 10% down.
Check your state contractor licensing website, many states have maximum down payment amounts. Read it carefully, sometimes a contractor can do work up to $25,000 without a license, and some types of work don’t require a license at all. If your project is regulated and you think the contractor is doing something wrong (business wrong, not quality wrong) contact the state board.
 

RivennHewn

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One problem I think is people don't request or see the contract until signing day. Then they're in a rush to read and sign it.

Googling "contractor laws" with the name of my state pulled up so local lawyer blogs with good local information.
Know your contract VERBATIM.

Know exactly what is in the scope of work.
Don’t play dumb and ask for anything more without being willing to pay for it.
be knowledgeable about terms, conditions, and process for unforeseen circumstances.
Have contingency funds set aside.
 

mike93lx

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Check your state contractor licensing website, many states have maximum down payment amounts. Read it carefully, sometimes a contractor can do work up to $25,000 without a license, and some types of work don’t require a license at all. If your project is regulated and you think the contractor is doing something wrong (business wrong, not quality wrong) contact the state board.
I have no concerns with anyone I have hired and am not super concerned with state law on this. I don't check licenses on everyone and also don't always check insurance. It depends on the project scale, experience with the contractor and other factors.

If I am making a large down payment, it's for a good reason, like ordering materials, and I have no problem walking away.

Thankfully I haven't been burned, although I have had to do some chasing to keep projects moving.
 

vrinner

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Crazy that people think the size of a company means they pay their bills.
The problem was too many people in between me and the supplier. I took the suppliers advice (my bad not to get it in writing). But it still ended up working out, I just had to chase the guys in the middle to pay up. Luckily for me they did.
 

Jinks

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The best advice I can give you is: Check with your local Contractors License Board to make sure the contractor has a valid license; don't take the contractors word for that.

Read what the others have posted here; many of their posts were written in Blood and Tears.
I started looking for a contractor about a year after we had hurricane damage in the area. Everyone was busy, as expected. Few called back & almost none actually came to look at the project. I called the License Board to get a list of contractors because some get their jobs by word of mouth & don't advertise. I called back to check on one of them & was told "yes, he's licensed, & no, we don't have any complaints". He was polite & sincere during negotiations, & right up to getting the permits issued. THEN he told me his "supervisor" would be handling the job. I didn't see him for a month or more after the job started, & when I did he had an attitude & was claiming I was going to be angry with him. I told him I didn't see why I would be, his crew was there every day & doing a good job. He soon corrected that, made me angry, made his crew angry, went through three different subs for everything, & was sued by two other customers! My being on site with a camera kept him from screwing me several times & cost him a lot of money doing things two & three times. The License Board wasn't much help........ :dunno:
 

ambenz

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All good advice! I might add make sure your contractor is carrying insurance or... like mentioned is "licensed" or approved locally.
Having a friend of a friend work on your project...and they get hurt on the job, might cost you a lot!
I also like to spec out all the materials to be used. I price it like I would buy materials myself locally so I know my cost of all materials.
That way, when you get the quote, you get an idea what they are charging for labor and overhead and you know they can't cheap out on product because you already specified a quality product.
Bottom line...Do your homework!
 

glentre

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As a former owner of a large commercial architectural woodworking firm, all projects we bid contained complete written plans and specifications. We were required to comply with those documents to the letter. If something was in the plan and specs, we were required to do it. If it wasn't included, it would be a change order. This allowed our projects to run smoothly.

Plans are generally a common practice with residential work but not written specifications. The result is a constant battle between contractor and owner regarding the detailed scope of work because plans do not communicate enough details to ensure both owner and contractor are always on the same page. A note on the plan saying the floor "must slope toward the garage doors" leaves the owner open to a multitude of problems. A note in the specs something like "The floor slab shall uniformly slope 1/8" per ft from the rear inside wall of the garage to the opening at the front garage doors and have no low spots greater than 2 ft in any direction where water or spilled fluids can accumulate. The excavating contractor is to evenly slope the compacted fill to accommodate the required slab thickness uniformly throughout the entire floor. While a slope of 1/8" per ft is desired, a uniform slope between 1/16" and 1/8" per ft would be an acceptable variance but the finished floor is to be kept within these tolerances"; would tell the contractor exactly what the owner wanted and expected. The specs should contain like wording for every detail in the construction process. Either through laziness, ignorance or lack of knowledge, most owners are content to just go with architectural plans, much to their peril regarding their relationship with their contractor and the results they expected. If you don't have detailed written specifications on everything in the contract, you are opening yourself to problems and a bad relationship with your contractor.

Glen
 

HPRifleman

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I would love to know who is starting major work with 10% down.

The last few things I have hired out or looked at (carpets, paint, a pool, landscaping, fence) have all required 50% deposits to get the jobs scheduled or have any work started. Any of those companies would have laughed at 10%
The contractor for my garage took a down payment that amounted to 3.3% of the initial estimated total. This may be unusual but it happens.

As others have said, don't let your payments get ahead of the work that has been done. It won't guarantee anything, but you'll have more leverage when you have to insist that something gets done the way you want it.

The reality is that no payment schedule is going to turn a poor contractor into a good one. They make so many decisions every day that you are not even aware of. So find one that that you are comfortable making those decisions.
 

mike93lx

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The contractor for my garage took a down payment that amounted to 3.3% of the initial estimated total. This may be unusual but it happens.

As others have said, don't let your payments get ahead of the work that has been done. It won't guarantee anything, but you'll have more leverage when you have to insist that something gets done the way you want it.

The reality is that no payment schedule is going to turn a poor contractor into a good one. They make so many decisions every day that you are not even aware of. So find one that that you are comfortable making those decisions.
When did you make your next payment? Did he actually start work at 3.3%?
 

FMB4

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I've never been asked to make a 'down payment' on any work or service ever. Not on vehicle repairs (that can top several thousands of dollars), or medical/dental procedures, house/yard work, etc. This includes a re-roof of well over $7K and a very recent tree removal of nearly $3K. Imo, paying any amount up front is great way to give your so-called 'contractor' an excuse to pull a disappearing act on you.
 

HPRifleman

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When did you make your next payment? Did he actually start work at 3.3%?
Next payment was about three months later. It covered excavating, most concrete, some framing labor, some framing material, various odds and ends, and the contractor fee. It was about 30% of total project cost.

Actual work (guys on-site doing things) started one month after down payment was made.

The typical process with my general contractor works like this:
Each sub-contractor quote is presented to me for approval. At an appropriate time during the project my GC provides me with a schedule of how much of each sub-contractor's quoted cost was paid. Some subs have been paid in full (if their work is all done) and some have only been paid part of their contract. All those to-date payments are totaled up, the GC fee is added on, and the grand total is my bill to that point in the project.

Some sub-contractors work over a long period of time so their payments are broken up. For example, concrete was $40,000. $2,000 of that was in the down payment to commit to the project. $31,000 was in the next payment as they did the bulk of the work on the foundation. The remaining $7,000 was in the following payment after they poured the slab.

With this method I am never paying ahead of schedule and I see which trades have been paid and which payments are still outstanding. I can easily see if I'm being asked to pay for any work that I don't remember being done. I have asked my GC plenty of questions regarding payouts which he has always answered to my satisfaction.
 

theoldwizard1

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Put it in writing !
Regardless of what the contractor writes down on the contract, you should always add your own addendum and make sure it is signed by someone in authority at the company (sales people are not always authorized). I also added "performance" clauses. Late start cost X$ per day. Late completion cost Y$ per day "unless mutually agreed upon". This causes a lot of contractors to squirm so be realistic.

Be on sight, early ! On a roofing job, I had spec's 1/2" OSB. The delivery company was ready to drop 7/16" but I stopped them. Roofing company that to do a lot of scrambling to get the material !

I also gave a signed copy of the addendum to the sight foreman. No real surprises, but he knew that I would be watching the details so he takes to the crew, probably to just say, no short cuts.
 

FMB4

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Contractors that are not licensed, nor bonded, and especially those with no insurance coverage = a clown crew that you, imo, should have nothing to do with.
 

i4ni

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Do it yourself. On remodel stuff it's hard to find someone that's not a hack or a quick buck artist. I truly hate em all so much I'm not even going to go into detail about the **** suckers because it pisses me off just being reminded of the scummy fucks. I normally don't talk quite that bad on here but I've dealt with a bunch of them. In my area you'd be lucky to find maybe 3 decent ones out of 20.
 
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