What to Know Before Signing a Home Improvement Contract

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:

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

---

Fixing Old Wooden Chairs

Fixing Old Wooden ChairsIF you have some old chairs that... Read More

Poster, Print or Painting - Where Are You Going To Put It?

If you are redesigning or decorating a room, or house,... Read More

Bathroom Magic

Believe it or not, the bathroom is one of the... Read More

Replacing Steel Casement Windows

I have been getting quite a few emails from homeowners... Read More

6 Saving Tips When Moving

Moving households, whether it is due to a job transfer... Read More

Modern Rugs Add Color, Texture, Interest and Space Definition To Your Room

Modern Design is sleek, stark, and spacious with angular and... Read More

Are You In or Out of Balance?

CLUTTER: When clutter starts to accumulate in an environment, imbalance... Read More

Kitchen Design Online ? Understanding the Work Triangle and Kitchen Layouts

Good kitchen design online means having a layout for your... Read More

?5 Fast Ideas to Freshen the Look of your Room

"Company's coming and my place doesn't look right?"You know how... Read More

Building a Garage Addition to Your Home

One of the most rewarding home improvements I made to... Read More

Basic Methods of Foundation Waterproofing

It is absolutely necessary to waterproof the foundation of your... Read More

Designing With Hardwood Floors

Hardwood floors are suited to both casual and formal environments;... Read More

Sliding Glass Door Replacement

This article is going to be about replacing an old... Read More

Bathroom Wall Cabinets ? Create Extra Space with a Touch of Style!

Is your bathroom looking cluttered? How about fitting new bathroom... Read More

What To Look For In Persian Rugs

Selecting a Persian rug can be a daunting task for... Read More

Dining Rooms: Designing for Your Emotional Well-Being

I read an interior design book last night. Since I... Read More

Are Showers Harmful to Your Health?

The last thing you would think about when you are... Read More

11 Tips for Stripping Wallpaper: How to Get Rid of Ugly Wallpaper!

I broke my promise to myself and stripped wallpaper again.... Read More

Home Improvement for The Ladies!

Your Own Homes Improvement Outline(One for the Ladies)Let me begin... Read More

Asphalt Paving Driveway Maintenance Tips

Asphalt paving or Hot Mix Asphalt is typically what one... Read More

Keep Your Home Happier

It turns out your mother was right after all --... Read More

Tips and Suggestions To Help You Plan and Build Your Own Log Home

Log Cabin Homes: They have come a long way. Here... Read More

Laminate Flooring Basics

Laminate flooring resembles the look of hardwoods but offers easier... Read More

Three Types of Lighting for Room Remodeling

When remodeling a room, choosing the correct lighting is one... Read More

Get the Lead Out: Candle Wicks in the US

According to the National Candle Association (NCA), most US-manufactured candle... Read More

Creating Your Joyful Home: Dawning of Your Emotions

"I keep the subject of my inquiry constantly before me,... Read More

Lakeside Patios ? The Water Makes Decisions For You

If you are putting in a new patio on a... Read More

Seven Energy Conservation Tips to Help Homeowners Save Money

In an effort to help consumers in the Atlanta area... Read More

Successful Motor Protection Formulae

As we have discussed before, all overload relays have one... Read More

Styles And Varieties Of Locking Mailboxes For Sale

Locking mailboxes made from durable, weatherproof materials are highly desirable... Read More

Spring Into Action: Home Maintenance

Spring has sprung! Even more important than buds, birds, and... Read More

Cheap Interior Design Ideas

Cheap interior design ideas come in many forms these days.... Read More

Aluminium Window Frames

When double glazing first became a popular window choice in... Read More