Home Remodeling Bootcamp Blog

Do Those Do It Yourself Home Impovement Shows Help Or Hinder The Trades?

2011-07-07T15:31:00.000-07:00

I participate in a few forums and blogs and one of the questions posed was if those home improvement shows that depict do-it-yourself weekend projects as being potentially hurtful to the trades and not portraying the real work that goes into the final result. Some actually thought it hurt their business and others thought it devalued their expertise. Still others thought, that ultimately there would be mistakes to correct and in the end good for them. Also that the real work needed to be done behind the scenes wasn't being shown, leaving the impression that it was all too easy to tackle for a weekend project. There were also a few who agreed with me to the extent that education is never a bad thing, as there is a lesson to be learned in all of it - good or bad. Here's my say on it:

I must say that as a homeowner and someone who teaches consumers around the subject of avoiding a home remodeling disaster and choosing their contractor wisely, education is much needed even if it comes in a more sensationalized version from the media. At the very least it opens their minds to the possibilities as well as the potential for problems. Consumers are creating the demand for these shows to satisfy their curiosity and entertainment needs. And I’m seeing more of these shows becoming created through the various media query outlets seeking experts to cast for these shows. They’re here to stay so rather than resist it, why not take the opportunity to educate your customer based on this very subject and inject some reality behind it all?

Both my husband and myself are big do-it-yourselfers, but we know our limits. He has a construction background and I took it upon myself to take classes in order to execute certain finishes. We’ve both been inspired in the past as a result of something we saw on these shows and always farm it out if it’s beyond our abilities. So a professional tradesperson gets some work as a result of our exposure to an idea from a show. That’s a win-win.

Sure there are those who get in over their heads but then that becomes a lesson learned – especially if it cost them more to correct. Finally, having been in the media myself, yes they are looking to create a big impression upon their audience and entertain them at the same time, which is after all, what people want when they sit down in front of their TV sets. And if there is an educational aspect around it, all the better.

Contributing Writer for cover2cover mag.com

2011-06-13T18:29:00.000-07:00

Delighted to be a contributing writer for cover2covermag.com an online digital magazine. I'll be writing about all things \ home improvement!

Contruction Consultant Stiffed By Homeowners - Recourse?

2011-05-12T12:48:00.000-07:00

A construction consultant contacted me regarding a homeowner who stiffed him for non-payment claiming that they were owner-builder and therefore employers and didn't have to pay him. He filed a Mechanics Lien and they stated that they were employers as this was an owner builder project and cited some legal reason supporting their case.

Now I don't know all the particulars but it appears that he was only paid for a portion of his consultations for the overall project. Which if true, the homeowners should be taken to task on this in the form of civil litigation. But of course, the cost to do so may outweigh his fees that have not been paid and it will become a learning experience for him.

Well, besides him needing to consult with a construction law attorney on just what recourse he has, (he is a contractor and mechanic lien rights are mandated statutes so I'm curious as to how this plays out) the homeowners are required to register with federal, state and local governments as employers and pay their share of taxes. They probably didn't do that, and when he reports them to these agencies, the penalties and back taxes along with the hassle from government investigators will no doubt have them thinking if stiffing the guy was worth it. Karma does have it's way of coming around - good or bad!

I wrote an article on this subject awhile back. If you haven't read this article on Owner Builder you can read it here:

http://www.contractorsfromhell.com/archives/10

Contractor Problems

2011-05-03T12:31:00.000-07:00

I received an email from a homeowner who after signing a contract and moving forward with their remodeling project soon realized they had made a mistake in hiring the contractor. Which is pretty much what happened to us 11 years ago. My Horror Story and Warning Signs section offered her validation that she was not alone and needed to take action before things got worse.

Unfortunately, from this point forward there are going to be costs not anticipated, such as hiring an attorney to review a contract that is likely devoid of any protective clauses including right to terminate based on specific actions or lack thereof. Time lines were not being honored by the contractor, who kept offering reassurances that all would be well. They want to terminate the contract but of course fear the ramifications of that and rightly so. In the mean time, they are trying to be patient, asking questions and hoping for the best. So now they are at the mercy of their contractor, the very thing I teach folks how not to be! It is my biggest pet peeve that consumers choose their contractors poorly and don't take the time to get educated on their rights, the contractors rights, contractor state laws such as Mechanics Liens, Preliminary Notices, Lien Waivers, background checks and so much more.

People just don't realize the need to get informed on what I call the pre-renovation process that takes you through all the ins and outs of contracting for a home renovation project and understand what's at stake.

You need to prepare yourself to undertake a project that is going to consume your money and protect that consumption of money from being unfairly drained further due to poor choices and a lack of knowledge. We consumers are the only ones that are responsible for protecting ourselves from unscrupulous business practices because the government can't and won't protect us. And litigation is a costly way to seek justice and to right a wrong.

If you're planning on renovating then plan on getting educated on the realities and risks and get informed - Join the Home[Pre]modeling Boot Camp for Women (and The Men Who Love Them!) and learn how to prevent a home remodeling disaster and have a more positive experience instead!

Not Knowing Your Rights Can Cost You

2011-04-19T11:18:00.000-07:00

I recently received an email from a homeowner who asked if he should sign a Mechanics Lien document that was included with the contract he was to sign to begin a home renovation project. He made reference to some article he read - perhaps on my site - and wanted some clarification.

First off, a general contractor should not be giving the homeowner a Mechanic's Lien along with the contract. And I have no idea exactly where this homeowner is in the process but my advice was to immediately contact a construction law attorney to review what he was given. Moreover, I detected through his writing that English may be his second language so there is another layer of challenges in what is potentially a risky undertaking - IF you don't know what your contractor state laws are.

These kinds of questions are the very reason I created my Home [Pre]emodeling Bootcamp For Women (and The Men Who Love Them!) in an effort to get people educated on making good choices, conducting the right research and getting engaged in doing the work needed to mitigate problems and stay in control of their project and money.

Learn more about the Bootcamp here before you make any decision regarding contractors and your home renovation project.

Avoid The Heartbreak Of A Home Remodeling Project Gone Wrong: 5 Mistakes Homeowners Make When Hiring Contractors

2011-03-31T14:17:00.000-07:00

It’s a fact. There are both good and bad contractors working in the industry. And it’s no secret to consumers that remodeling nightmares exist as we’ve either read about them or know of folks who have been through it. Yet time and again, consumers find themselves in trouble with their projects and contractors as a result of their lack of knowledge on what they need to do to protect themselves from unscrupulous business practices.

Home improvement is one of the top industries noted for fraud and customer dissatisfaction and has consistently been ranked as such over the last decade, according to the Consumer Federation of America, The National Association of Consumer Agency Administrators and North American Consumer Protection Investigators.

While much of the blame falls on the home improvement industry... Read more here

The Danger Of Accepting A Low Bid

2011-03-17T15:31:00.000-07:00

The following article is by guest contributor and General Contractor Keith Lazerson of KL9 Construction in San Diego, CA. It's on a subject I have commented and written on many times and Keith's perspective as an ethical contractor is much appreciated. A must read for homeowners.

Today, more than ever, you need to be careful in choosing a home improvement contractor. Many companies have been hit hard by the recent recession and are desperate for work. Consequently, a lot of contractors are resorting to some unscrupulous tactics in order to get jobs. The most common of these practices is offering a tantalizing low bid on a project with the intention of tacking on extra charges after the job has started. It’s simply a contractor’s version of the old bait and switch. Read the rest of the article here.

ContractorsFromHell.com’s Home Remodeling Blog Is Named in the Top 50 Home Building Blogs

2011-03-10T16:44:00.001-08:00

Delighted to have this blog recognized by the construction industry. Read the Press Release here:
http://www.onlineprnews.com/

5 Key Tips For Hiring The Right Contractor For Your Home Remodeling Project (and avoid the contractor from hell!)

2011-03-10T16:39:00.000-08:00

Hiring the right home renovation contractor really is an “inside job” that requires thoughtful research on the part of the homeowner. Folks who are considering renovating their homes this year should plan first on getting educated about hiring the right contractor for their project and understanding their rights.

The fact is that home improvement has consistently ranked at the top for consumer dissatisfaction and fraud according to various consumer agencies.
Continue reading article here...

Home Improvement Expert At eLocal.com!

2011-02-16T18:35:00.000-08:00

Delighted to be one of the Home Improvement Experts at eLocal.com! http://www.elocalplumbers.com/blog/introducing-elocals-blogoff-series-meet-participants-4179

Introducing eLocal’s New Blog-Off Series: Meet Our Panel of Experts!

www.elocalplumbers.com

eLocal is thrilled to announce a new blog-off series that will bring bloggers and professionals together to discuss hot topics and exciting trends in home

Top 50 Home Building and Cosntruction Blogs

2011-02-16T17:54:00.000-08:00

My "Home Remodeling Bootcamp Blog" got nominated as one of the top 50 home construction blogs - thank you! See it here: http://bit.ly/gU807F

Top 50 Construction and Homebuilding Industry Blogs

bit.ly

If you are a home remodeler, home builder or a construction manager who is about to begin a remodeling project, the list of the top 50 construction and home-building industry jobs on this page can be of great benefit to you. Here, you will hear first-hand information from a wide range of constructio

The “Green Approach” To Hiring Home Renovation Contractors

2011-01-31T14:08:00.000-08:00

3 Tips Homeowners Can Use to Reduce Wasteful Spending and Create a Sustainable Project That Moves Forward With Fewer Problems

Summary: Green building has been growing as way to reduce waste, conserve energy and repurpose materials, all with the goal of creating a sustainable home. Using these same principals is what I call the “green approach” to hiring home renovation contractors that will reduce wasteful spending, conserves time and energy and contributes to a sustainable project that moves forward with few problems and a positive experience for everyone.

Green building has been all the rage the last couple of years and for good reason. Reducing waste, conserving and repurposing materials and creating a sustainable structure and project benefit’s everyone and protects the environment.

But did you know that you could apply these same principals when hiring home remodeling contractors that will protect your money by reducing the potential for wasting it while creating clear and concise guidelines that both parties can consistently depend on to guide them throughout the project?

Read the rest of the rest of the article: http://www.contractorsfromhell.com/the-green-approach-to-hiring-home-renovation-contractors

To Trust or Not To Trust: When Should You Place Your Trust In Your Contractor

2010-11-01T16:08:00.000-07:00

First of all, the number one confession homeowner 's reveal when burned by a contractor is that they "trusted" them right off the bat. They did not do any research, did not check their license, (if required in their state) or check for any history of complaints, either through regulatory agencies or the BBB.

Many believed that because the person called him/herself a contractor, had a business license, cards - the whole kit and caboodle - was enough for them to move forward. BIG MISTAKE!

Consumers have to do more than just the bare requirements to avoid a home remodeling nightmare and an encounter with the contractor from hell. Doing your license check and relying on that plus a "no history of complaints" is only a necessary formality but in no way gives you the entire picture. Plus a 'No history of complaints" from a regulatory agency does not reveal ongoing investigations not yet disclosed to the public. Same thing goes for checking references. How do you know those are legitimate references? Homeowners check references, get good reviews ( we did!) and still end up with serious problems.

Bottom line - trust is something that is earned, not freely given to a stranger. Once you've done all the necessary ground
work on potential contractors and conducted thorough interviews will you be able to get to trust your contractor of choice. Trust is based on their behavior, past and current record and what you discover in your research.

If you want to learn more on how to best protect yourself check out the "Home [Pre]modeling Bootcamp for Women and the Men Who Love Them" and get informed!

Renovating in a Recession

2009-09-24T14:15:00.000-07:00

As I'm typing this the house next door is being completely renovated - actually they tore it down and are rebuilding - and the sound of nail guns popping away is constant. And there are three other renovations within a couple of blocks from us under way in the last couple of months. So at least in my neighborhood contractors are working, albeit not in the way it was during the hey days of refinancing.

I've written an article on renovating in a recession, which you'll be able to link to and read at the end of this blog, the theme being that more than ever homeowners need to protect themselves from ending up with an unethical contractor.

Just stating "renovating in a recession" sounds silly given the fact that recession denotes a lack of money, but there are going to be those folks who are beginning to remodel or rebuild their home out of necessity. Natural disasters such as wild fires and floods as well as those fortunate to be financially set to do so, but perhaps waited to see how the economy would play out. Either way, a heightened sense of being smart about doing all the important research, knowing what needs to be included in a contract and choosing a contractor wisely are even more critical during these challenging times.

I see articles that are geared towards encouraging homeowners to strike up deals with contractors whose businesses have been hit hard by the recession believing they are willing to cut their profits to get the job. The fact is that contractors can indeed pass on savings such as lower material costs but they have to pay themselves as well. Any contractor that promises thousands of dollars in cost reductions (this includes labor) isn't being truthful and that shouldn't be the basis for your choice in a contractor. Far from it. If you read through my site, you'll know what you need to look for and do and certainly in my Home Remodeling Bootcamp For Homeowners I stress these points in a lesson format that takes you through all the elements, but never is it about getting a great deal.

Unless you define a great deal as getting quality workmanship, having an ethical contractor who is transparent in his business practices and communicates with you on a regular basis, giving you an opportunity to ask questions and address concerns. That's what I call a great deal and something most people overlook or fail to understand, and that it doesn't come with every contractor out there.

I've written an article entitled "Renovating In A Recession: Why It Could Cost You More If You Don't Protect Yourself With These 7 Key Clauses In Your Contract".

I've taken some of the points I cover in my "Home Remodeling Bootcamp For Homeowners" and stress these in the article. You can read the article by clicking here: Renovating In A Recession.

Avoiding Shoddy Home Constrction Defects

2009-07-29T14:15:00.000-07:00

A Consumer Reports investigation conducted a couple of years back found that 15% of new homes built during the booming days of building and renovating had serious construction defects. That's probably doubled in today's climate given the length of time these homes have been on the market and the time it takes for defects to show up.

Industry types attribute this to the "face pace" and frenzy that was on going and the lack of skilled workers presented challenges. But builders and contractors alike took advantage of these non skilled workers aka, Mexican immigrants - some legal, some not - hiring them to do jobs they should not been involved in performing due to insufficient training. Add to this low paying wages and little to no supervisoin and you have a recipe for disaster. So it's no surprise with the rise in foreclosures being scooped up by home buyers that they're also facing a myriad of construction defects.

You can read a report from ConsumerReports.org that addresses the most common problems to look for when purchasing a home here: http://blogs.consumerreports.org/home/2008/04/shoddy-homes.html

What The Downturn in Residential Construction Has Given Consumers

2009-07-22T11:13:00.000-07:00

Last week I spoke with a contractor - whom I hired to do some landscaping that requires the buildup of two small walls - not retaining - with some grading and backfill. Not a big project by any means but we got to talking about the current state of construction and how his business is surviving the downturn. According to him, they are doing OK but his phone isn't ringing off the hook as it did in the years past. They have also scaled down to their original "trusted" choice of subs they've worked with for years and the other sub contractors they brought in during the booming days are now gone.

On that subject, we talked about the difficulty many contractors ran into with taking on new subs that they didn't do any background checks on - because they were too busy to do so - and very often it came back to bite them in the form of shoddy work and complaints from homeowners. Which is why homeowners need to do their own checking on the subs their general contractor chooses and include in the contract that they must be licensed and insured, separate from the contractor himself. Using this contractor as an example of some one who ran an ethical business and prided himself on producing quality work, once he chose to deviate from his usual practice of vetting his new subs to bring on for the added workload, he ended up taking the hit and spending money to correct the problems created by the new workforce. And that's a lesson he learned and when things pick up he states he will be more careful in his choices and make the time to vet new subs. But clearly, that's a problem I've heard from other contractors as to their available pool of so called "skilled" workers. And that's another area where educating the building workforce on meeting industry standards and quality workmanship needs to be fostered on a local level. But does the industry care enough to raise the bar and the need for greater education? If so, it certainly hasn't worked so far. Complaints against contractors for shoddy work is still the number one complaint with national consumer organizations.

Finally, the contractor made an interesting and likely correct assessment of todays' still standing and thriving -albeit much more leaner - contracting workforce. And that is given the downturn and lack of demand for residential construction those contractors - licensed or not - have left the area or have taken on other work as their only interest was to cash in on the renovating boom of years past. These guys were not interested in building a sound business and creating a solid reputation in their communities. A lot of these characters easily got licenses or registrations and jumped on the bandwagon and started basically ripping consumers off. And there were far too many of them; I don't care what anybody says the proof is in the complaints and resulting messes left behind by these con-men and I was sickened by the numerous complaints I received over the last nine years. And the contractor not only agreed with me but shared some stories he witnessed of these so called contractors taking advantage of unassuming homeowners.

It is my intention with the help of my Home Remodeling Boot Camp For Homeowners that the next round of an up tick in residential construction will yield more educated consumer swho ultimately can help themselves avoid a construction nightmare and mitigate the most common problems most homeowners make.

Debunking Conventional Thinking When Hiring Contractors

2009-07-16T15:54:00.000-07:00

Over the last year I have had frequent discussions with a construction consultant discussing various ways in which we could help consumers understand the need for educating themselves on the risks and realities in residential construction. For himself, locally with consumers and me on a national scale.

And one of the areas I would like to shine some light on is the notion that everyone suggests homeowners to do -myself included - when vetting their contractors. Here it is:

Consumer agencies and home improvement sites who offer tips to homeowners on how to properly vet their contractor always suggest that the homeowner visit an ongoing project that the contractor has going. OK, well what will that tell the consumer? Do they know what they are looking for and why? Do they understand anything about constructing a house? How important is this in the scheme of things that is important for the consumer to do in their research?

Using our case as an example, we went to a project the contractor from hell supposedly had going and the walls were open so that you could see the studs, joists, brackets and essentially the guts before everything was sealed with the drywall. There were no windows or doors installed yet, but my husband with a background in construction knew what he was looking for but me - not so much. I relied on his expertise. The only thing that could be construed as a red flag - and probably was given our experience with the contractor from hell, was that we had gone by the project three different times over the course of several weeks and no one was ever there working or otherwise.

So the lesson here for the consumer is, with all the other factors that must be researched and considered when preparing to get your project underway ,visiting the job site of someone else's projects tells you little to nothing about the contractor or even how it will translate to your particular project unless you're schooled in construction practices. Otherwise, you're clueless as to what you're looking at and so I have to consider this one suggestion for homeowners as pretty much worthless in the overall vetting of your contractor.

There are so many other essential and critical areas to discern that will truly help the homeowner to achieve a more positive home remodeling and building project and I'll touch on those in future blogs.

Mandatory Arbitration Clauses / Construction Defects

2009-07-09T16:12:00.000-07:00

Mandatory Arbitration is the worst clause a consumer can agree to as it strips them of their rights to a jury of their peers. And it's no surprise that Construction arbitration firms were either created by or with the help of major homebuilder associations, causing an immediate conflict of interest. I found an article on this subject that is a must read for any one entering into a contract to either renovate or build a home:

Home builders Stack Deck Against Buyers With Arbitration: New Report shines light on unscrupulous practices

Also, construction defects are beginning to rear it's ugly head around the nations a a result of the building frenzy in the late 90's and 2000.

Fallout from the 90’s Housing Boom: Construction defects begin to appear

Introducing a Construction Consultant Familar with Home Remodeling Nightmares

2009-06-22T15:54:00.000-07:00

This past year I've pretty much devoted my time to putting together the Home Remodeling Bootcamp For Homeowners in an effort to really get consumers involved in doing as much homework and research in the areas that will ultimately determine the success or failure of their project. The last 9 years of counseling the "walking wounded" that have ended up on my site asking for help with their horrible situations really motivated me to create the Bootcamp. There were some common themes throughout all their stories that, had they known about in advance, would have saved them from a construction nightmare. And the same holds true for my own nightmare 10 years ago. If I knew then what I know now, well, I guess the ContractorsFromHell.com site would never have been created. With that said, it was my intent - and still is - that my experience and those of others could help homeowners avoid the pitfalls that we experienced

One of the points I bring out not only on my website but in the Bootcamp as well is finding a reputable Construction Consultant or Home Inspector that you can bring in at specific milestones of your project. This is a third party who can advise you on any challenges or questions you may have going with your contractor and renovation project. You can read more about that in detail on my site as well as in the Home Remodeling Bootcamp For Homeowners introduction page.

On the subject of Construction Consultants, I was contacted by a consultant out of New Jersey about a year and a half ago who found my website and wanted to introduce himself and let me know that he was very much in agreement with my views even though we come to it from different experiences. His name is Mark Trapani and the owner of Contracting Smart. And so we started a dialog and began exchanging information and ideas on what we could do within our own respective businesses to help consumers make better choices in contractors as well as educate them on the risks and realities of renovating an existing structure. Not to mention key components needed in the contract, spec sheet and complete transparency for all parties. Mark also is vested in educating contractors and architects in the business of contracting and how they can contribute to a better outcome with their clients.

We're now talking about developing a joint venture together and I'll be sharing more about that here on my blog. Until then...

Launching the Home Remodeling Boot Camp For Homeowners

2009-06-16T14:24:00.000-07:00

OK - so it's been nearly a year since I've blogged on the Remodeling Lessons Learned blog but it's been in the interest of creating a new feature for the ContractorsFromHell.com site. True too, construction has been hit hard in the slowing economy and the resulting job losses have been great. I've spoken with a number of contractors the last 12 months who are really hurting and those with employees that had been with them during the fat times had to be let go. Fewer folks are renovating or building new homes and banks aren't lending. Grim to say the least.

But with that said there are those folks who out of necessity - fire, floods, water damage - that will be looking to remodel, repair, or reconstruct their homes as the economy begins to show glimmers of coming back around, albeit slowly. And that is actually beginning to happen.

In my neighborhood there are a number of homes undergoing renovations and on recent walks two new remodeling projects have popped up this week. Sure, it's not like the frenzy we've all witnessed in the previous 8 to 9 years of building and remodeling created in part by the banks' "loose lending" and refinancing during those years but it shows that people are beginning to show some confidence in spending their hard earned money.

But I want to get back to what I mentioned earlier in this blog post regarding the new feature I've been working on the past 12 months. And that is is "Home Remodeling Bootcamp For Homeowners" which is comprised of 12 core lessons that takes the homeowner through specific informational steps, downloads and links to relevant sites to help them understand the potential risks in construction projects, how to protect themselves, what to include in their contracts, what they need to consider including in their specifications sheet and the importance in doing so and much more.

I'll be touching on each of those core lessons in the Home Remodeling Bootcamp For Homeowners on this blog as well as what prompted me to create the Bootcamp in the first place. And I'll also talk about a new working relationship I've been forming with a Construction Consultant / Engineer / Contractor whose view of the construction industry as a whole is similar to mine. You'll learn more about him and his work in future blogs.

But for now, welcome back. And that goes for me as well ;-).

2008-06-07T13:39:00.000-07:00

This past week I had the opportunity to be on a morning show based out of New York - The Morning Show with Mike and Juliet - where contractor scams and avoiding hiring unethical contractors was the theme of one of their segments. They opened the segment with my story where they had filmed me at my home in San Diego. They interviewed me briefly on the show and there was another woman from Pennsylvania whose contractor took $20,000 up front with the contractual starting date a few weeks later. Well it was more like 5 months later when he began but he sure was having the time of life using her 20 grand for God knows what.

He then went on to perform shoddy, unsafe work and dragged the project out for months always saying he needed more money in order to come back. $114,000 later he abandoned the project leaving her with just a shell and no protections from the elements. He was no where to be found and the city had to condemn the home leaving the family homeless. Apparently he did this to 14 other homeowners, one of them being a police officer and that's when he got caught. He's now sitting in jail waiting for his trial which is set for June 30th. In the meantime they've lost everything and have had to use their kids' college savings to survive on. I met them at the show and the kids just really looked depressed. I felt so bad for them and understood completely their disillusion with the construction industry, the legal system and the lack of consumer protection laws in their state.

Some States are far better at providing and disseminating important consumer protection information and guidelines than others. And the legal system in various states are more aggressive when it comes to punishing the offending contractors than others; so many of them are let off the hook only to go on and harm others. Its a vicious, dysfunctional cycle that the regulatory agencies are unable to control which only renders them useless when you're talking about protecting the consumer. Truth be told, they don't know how to do that in a way that works and can only perform the administrative end when it does come down to citing a contractor which typically isn't disclosed to the public until the contractor racks up a sufficient number of complaints and then it's too late. He/she has damaged a significant number of homeowners and has collected alot of money along the way and can go to sleep at night knowing what he/she has done. It's sick and something has got to give.

The attorney on the show, a litigator from New York shared with me that even though they may win cases against errant contractors they rarely can collect because these guys immediately file bankruptcy and do not carry General Liability insurance. And their not gone forever; they typically emerge in another city or state where there are limited or no licensing requirements and that's scary. California, Arizona, Nevada and Utah have somewhat similar protection laws and thus have reciprocity agreements in place where they can cross check applicants who apply for licenses. This would at the very least be a good fix to have with more states doing this to keep the roaming transient contractors from working and feeding off unassuming homeowners.

Next blog I'll talk about background checks and what I'll be offering for consumers and contractors alike.

2008-05-07T10:46:00.000-07:00

Got an email regarding mechanics liens and unfortunately the email they provided me to respond was incorrect so I'll answer it here. But first the question:

As part of my kitchen remodel project, I purchased maple kitchen cabinets from a kitchen & appliance store in Burlingame, CA two years ago. I had my contractor install the cabinets. After installation, we discovered that the outside panel of the pantry came unfinished and wasn't maple but birch (it actually should have been the inside panel of the pantry that isn't seen). After going through several different unsatisfactory scenarios to try and correct the problem, the kitchen & supply store hired a wood refinisher to put a veneer on the unfinished panel and stain it. The work was completed approximately 3 months ago. Yesterday i n the mail I received a letter from the wood finisher stating that because the kitchen & supply store had failed to pay the invoice, he was demanding payment from me and he will place a lien against my property if I don't pay it. I have discovered that the kitchen & supply store is going out of business and it wouldn't surprise me if he is also filing bankruptcy. My question is this, given the fact that I did contract with this person to do the work, am I liable to pay the outstanding invoice that was sent to the kitchen & appliance store?

If you have a direct contractual agreement with the wood finisher, he has 90 days from the last time he was working on your project to officially record the lien with the county. If it is past that time he has lost his lien rights. Many contractors get sloppy with these time lines and often miss them but threaten anyway. They are betting you don't know the lien laws. Anybody can file a lien but to perfect it in court the burden of proof is on him and he has to meet strict criteria to win his case. Plus he has to hire an attorney to do this and that will cost him, so he must be absolutely sure he meets the requirements of the law.

If the kitchen store hired him as a subcontractor, then he has to send you a preliminary notice within 20 days of starting work on your project in order to retain his lien rights. Again if he didn't, he still will try to get money from you by filing a lien but he doesn't have any stand at this point. Be sure to read the section on mechanics liens on my site as well as the CSLB site.

Check your time line on when he was last on the property. If it is past the 90 days, he doesn't have a solid case. You can wait for the lien to become null and void and then petition the courts to have it removed. You can also consult with an attorney who specializes in construction law who can counsel you further.

2008-03-13T14:27:00.000-07:00

Last week I got a call from a woman who was referred to me by a contractor whom I know. I typically don't take calls from homeowners but rather prefer they go to my site and glean the information they need there. But the woman was in a terrible position with another contractor, needed some answers that the "good" contractor couldn't provide and he knew I would be able to steer her in the right direction.

After hearing about her situation - and it was just so typical of unethical behavior - I gave her some suggestions on what steps she needed to take and made sure that she filed a complaint with the Contractors State License Board. To that end, I also sent an email to the Enforcement Chief giving him the contractors license number along with the woman's phone number so that he could contact her. And he did. The woman called me immediately after she spoke with him and was so emotional, in tears, and grateful for all the support she was receiving. I was just glad that she found a good contractor that I know and that the Enforcement Chief followed up on my request to contact this woman. So, here's what happened:

The woman hired a contractor to do the necessary repairs to her house that suffered severe smoke damage. She had met him on the horse trails around her home where many other homes were lost in the fires. After striking up a conversation with her, he told her he was a contractor and that if she wanted to get a bid he would be willing to access the damage. He then "convinced" her that he would wait for the insurance money and could get started right away. Well, he apparently had her sign two different contracts and she added some stipulations of her own in the second contract which also stated he was to get $1000 to start the project.

As the project began, the contractor's attitude changed from nice guy to one of being ticked off, was verbally abusive and constantly asking for more money. The woman, in her early fifties, recently became disabled and he was aware of her limitations. He wanted to know the entire amount she was getting from the insurance company - which is none of his damn business - and thankfully she declined to disclose the amount. The work itself was shoddy and the roof replacement was horrible, according to the insurance company who came out to inspect the work. He quickly told the woman to fire this contractor and get someone who is competent and experienced to repair his work as there were safety issues at stake as well. The situation only got worse after this.

When she told the contractor about the insurance report which was documented, the contractor started screaming at her and told her she HAD to let him back to do the necessary repairs on his own work. Really? Why didn't the idiot just do it right in the first place then? Answer: Because he's incompetent to do it right, doesn't know how and doesn't care about performing quality work; he's just out to make a buck, not build a business with a solid reputation. And no, she doesn't have to let him back in to do the repairs if he's proven that he can't do it right, which he has, and it's documented.

So what does he do? Why, he threatens to sue and lien her home of course. And get this: the guy just got his license in December of 2007 and three months into having the license he's already threatening to sue and lien a homeowner not to mention the shoddy work he performed. Wonder where he learned that from?!! This is the ugly part of the construction industry that sadly exists and seems to be growing as new licensees enter the arena and others who are struggling to stay afloat just "switch sides" and start behaving badly, violating the contractors' laws and no longer interested in building their business. It's all about the money. Seasoned contractors who are in it to build a solid business and a good reputation wouldn't even think of creating a scenario like the one I just described and I'm glad to say I know quite a few of them these days as a result of own work with my site.

The only thing the woman did was to check his license status with the CSLB and as I always say, just because someone has a license doesn't necessarily mean that they will be ethical or perform quality work that meets industry standards. And this is a perfect example of just that.

2008-03-04T13:09:00.000-08:00

Here's a recent email I've received from a Casting Director in New York. They are actively looking for both homeowners and contractors who are having problems with their remodeling projects. So if you think you fit the bill - whether you're a homeowner or a contractor - contact them. They need some folks to work with so don't hesitate to contact them.

Hi, I just took a look at your site and it is a really helpful resource. I am a casting director for superfine films and we are casting a show that deals with home owners and contractors. I was hoping you might know some families that are in need of help. Thanks in advance for all of your help.

CASTING CALL FOR HOMEOWNERS AND CONTRACTORS IN DISPUTE My name is Michael Raptis and I am the Casting Director for Superfine Films. We are a TV production company based out of New York City. I am looking to cast Homeowners and Contractors for a home renovation dispute mediation and resolution TV show. Most of the homeowners and contractors that cross your path would love the opportunity that our TV show offers. I am seeking out current disputes that I might be able to help resolve to the satisfaction of both parties. Could you share with me some leads? The scope and breadth of the dispute can range from any of the problems you usually see including, but not limited to, type of work, budget, build problems, personal problems, and homeowner changes. Since we are a television show, we MUST complete the project in a relatively short amount of time (about 6 days), which will fit nicely with the needs of a homeowner and contractor. This means we seek projects that are large enough in scope to show a good "before" and "after" experience, and small enough in scope to be finished in no more than about three weeks.

Some examples would be a kitchen expansion, new room, bathroom remodel, garage build, etc. Please keep in mind that we will consider all sizes of work if the people and the project appear good for the show. We intend to make absolutely sure that the dispute is solved to the satisfaction of both parties and that the project gets done right, on time and on budget. It should be a benefit for the homeowner via dispute resolution and project management, and for the contractor for the same reasons as well as excellent publicity for his or her business. And of course, it could save them both the time and cost of legal action. Interested parties should contact me immediately! The sooner we speak, the sooner we can try to resolve these disputes! Please call or email me ASAP! Michael Raptis Casting Director Superfine Films 60 Grand Street, 4th Floor New York, NY 10013 O: 212-941-6838 C: 646-784-0779 Email Michael Raptis michael@superfinefilms.com

ABOUT THE COMPANY:Superfine Films is a Manhattan based film and television production company specializing in high-quality social issue documentary and reality television. Our mission is to create unique, compelling, genre-redefining content that challenges, excites and engages viewers from start to finish. Founded five years ago by award-winning filmmaker and television producer Steven Miller, Superfine has since grown to include the talents and energies of a tightly knit corps of writers, producers, shooters and editors, and is represented by N.S. Bienstock. Superfine is currently in production on the sixth season of the hit show Psychic Detectives, the Court TV crime documentary series that explores the use of psychics by law enforcement and how psychics have helped to actually solve crimes; and Rock and Roll Acid Test, the Fuse Network series that plays a wild game of Truth or Dare when we put music myths and legends under the hot lights of our ultimate scientific testing. Past work includes Heroes, a reality recreation based series for the Hallmark Channel, which depicts stories of ordinary citizens in acts of extraordinary courage. Superfine was nominated for an Emmy for the documentary film Meeting with a Killer: One Family's Journey, a story of redemption and forgiveness set inside one of Texas' most notorious prisons.

P.S. Sorry for not posting the past 4 weeks but that nasty flu bug invaded our home and we're all just getting back to life!

2008-01-28T14:30:00.000-08:00

Whenever I receive emails from people who have been burned by their contractors, there is one common element that always comes through: Trust.

We trusted the contractor. We trusted he would pay his sub contractors. We trusted he knew what he was doing. We trusted he got the permits. We trusted he would come back the next day to make the repairs. We trusted...

Trust is something that is earned. You just don't arbitrarily trust every person who you come in contact with be it personally or professionally. There are people from all walks of life who can't be trusted. That's common sense. How would you know?

You know it from how people behave, what they say and do and to a certain extent how they are perceived by others - their reputation. When it comes to contractors, your research including talking with past clients helps you to form an opinion. By doing all the background checks you'll then be more confident about your choice But you don't based it on trust-that has yet to be earned as you begin working together. Based on his/her performance as your project begins you'll begin to trust him. Or not. If you made your choice intellectually rather than blindly trusting, you'll likely have a good experience.

Folks who didn't take the time to check out their contractor of choice got burned badly. They fell prey to someone who was charming or perhaps good at putting on a false front and they bought it. Half the time they're licensed but just because someone is licensed does not necessarily mean that they are going to be ethical or perform quality work. Very often the homeowners will admit that they just didn't take the time to checkout the contractor thoroughly but figured he was such a nice person and talked a good game.

I'll share a short story with you about a woman whose home was lost to the Southern California wildfires back several years ago. It was actually told by an investigator from the CSLB to a group of homeowners who were attending the San Diego Rebuilds! event where I was on the "Don't Get Scammed" panel with her and others. The woman who lost her home to the fires ultimately received a check from her home insurance company for several hundred thousand dollars. Never having had that kind of money given to her in one lump sum made her uneasy. When she went to hire a contractor to rebuild her home she gave the entire amount over to the contractor. She NEVER saw the contractor again. He closed up shop, left the state - who knows what island he's enjoying himself on. When the investigator asked her why she gave him all the money upfront, the woman told her she didn't trust herself. And now she's living in a trailer probably for the rest of her life.

So much for trusting the contractor.

2008-01-14T14:18:00.000-08:00

The Contractors State License Board has brought to my attention a scam operation that is going on not only in California but other states as well.

It has to do with electrial service and repair companies who do extensive advertising in the yellow pages and print ads and is run by some unsavory characters looking to rip off unsuspecting homeowners, particularly the elderly.

The ads claim low fees and service charges. But, once at the house, the service technician pressures the customer into unneeded repairs. In the more than 65 complaints filed with the CSLB, the average cost for a service call and repairs is more than $1,000.

The Nevada Contractors Board has also issued an alert to homeowners in their state as has the CSLB.

The following are a list of the names, license numbers and addresses of these companies to date and the press releases issued on this group of individuals follows:

http://www.cslb.ca.gov/General-Information/newsroom/press-releases/news20070508.asp
http://www.nvcontractorsboard.com/News_Releases/2007/071101%20Homeowner%20%20Alert%20on%20Electrical%20Specialists.pdf

USA Services, Inc. dba USA Services	775863	900 E. Hamilton Avenue, Suite 100 Campbell, CA 95008	Estine Akopyan	Chief Executive Officer President
American Home Repairs, Inc. dba American Plumbing & Electric	834206	777 Campus Commons Road, #200 Sacramento, CA 95825	Seroj Avedian Russel Pal-A Gillies	Responsible Managing Officer Responsible Managing Officer
RMM Plumbing & Electrical, Inc. dba ASAP Electric	833296	3017 Douglas Blvd., #300 Roseville, CA 95661	Seroj Avedian	Responsible Managing Officer
Speedy Plumbing & Electrical, Inc. dba 59 Minute Service	837697	777 Campus Commons Road, #200 Sacramento, CA 95825	Ivica Johan Njegovec	Responsible Managing Officer

If you've had an experience with any of these companies or someone you believe has tried to deceive you in this way, contact your state's Contractor's Board, Consumer Protection Agency or your Attorney General's office and file your complaint.

2007-12-07T13:48:00.000-08:00

Here's a scenario that is common practice amongst unethical
contractors: The homeowner pays the General Contractor who in turn is
supposed to pay the sub contractors for work performed. But the
contractor decides to pocket all the money and later down the road, the
homeowner gets hit with a mechanics lien against their property from
the unpaid sub contractor. This is when panic sets in which then leads
to anger. Perfectly understandable and warranted.

But there are a few checks the homeowner can do to see if in fact the sub has the
right to actually perfect the lien. That's what you need to find out first because if they don't have that right to perfect the lien then it's just going to sit there until it becomes null and void and then you can go about the business of removing the lien. You can petition the courts to remove the lien yourself (the paper work required is a bit of a hassle) or you can hire an attorney to do it for you.

You can read more about mechanics liens in this section on my site.

Anyone can file a mechanic's lien but the letter of the law must be followed
in order for the person to actually make good on the lien. Sub
contractors must first send the homeowner what is called a "Preliminary
Notice" of the right to lien if they are not paid by the contractor.
Though each state has different time lines for this, in California it
is 20 days once the sub has begun work on the project. If he sends it
out 30 days later that would be too late and he missed his chance to
legally lien if he doesn't get paid by the contractor.

If the sub is outside of the time lines he will likely file the lien anyway as a way to get money from the homeowner, hoping they don't know about the law and required time lines and if they do and challenge the sub on it they'll likely ignore you and just let the lien lapse. Happens alot and it's one of the top complaints I receive each month.

The problem with the filing of fraudulent liens by a sub can be avoided by
requiring "Unconditional Lien Releases" from each sub on the job who
has performed work when you pay the general contractor for each invoice
you're presented. This is a separate lien release from the one the
General will present you with that he signs for his part as he cannot
sign for the subs: the sub contractor needs to acknowledge he's been
paid by the contractor with their own release and signatures. So it can
get easily overlooked but it's one of the best ways to stay in control
of the money being paid out.

The following email I received from a homeowner in New York is a good example of a sub who was not paid by the contractor and is going after the homeowner even though he did not file a Preliminary Notice within the required time lines for that State:

The contracting services is a private residential in new york. Job was completed 7.5 months ago. I have paid contractor in full but disagreed to the amount on the extras as he did not invoice me until the very end. Read More...

2007-11-27T14:17:00.000-08:00

On November 16th I participated on a panel that was set up to help the Firestorm victims (San Diego County) avoid unscrupulous contractors looking to scam unsuspecting homeowners who are beginning to rebuild their lives and homes. There was a whole lot of good information being dissemenated rather quickly and I knew that the most important points being made were going to be much needed six months from the event and we would likely be a faded memory. Getting people to re-visit the information provided and the various websites such as contractorsfromhell.com is going to be key to jogging their memory and getting down to the business of doing their research on potential contractors.

A successful home building and remodeling project is dependent upon hiring an ethical, reliable, competent and experienced contractor. In California as well as many other states, the first step is to check with your Contractors State License Board and verify that the contractor has a clean record, that there has been no history of complaints, disciplinary action and the license is not revoked on suspended.

However, just because a contractor has no complaint history does not mean that complaints have not been filed with the Contractors Board. The Contractors Board cannot disclose complaints until and unless there have been a sufficient number racked up and egregious enough in nature to be referred to the Attorney Generals' Office and THEN the dirty deeds are revealed. In the mean time, unsuspecting homeowners are hiring these unethical contractors and surprise, surprise - getting slapped with a shocking dose of reality and a whole host of problems.

Which brings me to my next key point: Just because someone is licensed DOES NOT MEAN he/she will be ethical or perform quality work meeting industry standards. This same principal applies to organizations with paid memberships such as NARI,NAHB or the BBB. Unethical individuals will use the membership to promote themselves as fine upstanding individuals when nothing could be further from the truth. It's unfortunate that they abuse the membership but there are so many contractors over the years -including my own contractor from hell- who have been revoked, suspended, served jail time, committed grand theft and more and were members of these organinzations. Don't be lulled into thinking that if you hire someone from these organizations you're safe. You still have to do your background checks regardless of how you found the contractor. You can learn more about conducting background checks by following this link to contractorsfromhell.com.

And just to illustrate some of what I'm talking about here is an email I received this week from a homeowner who found out after checking that the license with the CSLB was "clean" later found out- after problems began to crop up with the contractor-that suddenly complaints started to show up. Happened to me and it was a hard lesson learned:

Hello, We checked out our contractor's status with the CSLB in April, and we found no complaints. We also checked the BBB. Then in mid October they were insisting that we provide the next progress payment before the next stage was completed. We of course refused. His insistance made me wonder what if he was having problems with another job. I checked the CSLB , and I found that there were now complaints showing. I then noticed that their license was now suspended because the bonding company had not canceled their insurance. Shortly thereafter they did obtain new bonding insurance retroactively. Once reinstated, we continued to debate when the next progress payment should be paid. During that time I received two preliminary notices. I then insisted on being provided with unconditional waivers for previous progress payments. I am also insisting that with my next progress payment, that he pay subs or material suppliers for any work already completed. I will provide him with a cashier check for each party, but I must obtain an unconditional waiver from each sub for past work. He is refusing to pay one of the subs until the end, but the bill from the sub is higher than what my final payment will be. If he refuses at the end to pay him, I will then owe the sub contractor . I have reported this company to the CSLB. How can they insist that they will not pay the subs until the end of the job?

You can read my response to this consumers' query in my FAQ section on contractorsfromhell.com

2007-11-05T17:13:00.001-08:00

In San Diego county the last couple of weeks have been the worst for everyone living in and around the city as the Santa Ana winds and severe dry weather conditions yielded one of the worse fires in our histroy that destroyed over 1000 homes and forced more than 500,000 people from their homes. The nations' media descended upon our city broadcasting to the world that Southern California was burning out of control, people fleeing their homes and evacuation shelters were springing up around the county. It was horrible to witness on TV and when coastal communities were being evacuated I was shocked to hear of the eminent danger as I too live on the coast though 25 miles down from these communities. Still, the fire knew no boundaries and I momentarily envisioned what I thought would be impossible. It never happened but the thought was enough to keep me glued to television and radio for days.

In the midst of all this the local agencies and politicos were rushing to warn victims and scam artists - such as smary, unethical contractors - that contracting without being a duly licensed contractor in an area that has been declared as a state of emergency, is a felony and all penalties are increased and mandatory jail time is enforced. What struck me is how quickly all these agencies were coming forward about the very real problems of contractors willing to scam homeowners because frankly it happens everyday not just in San Diego or California but throughout the nation. It really supports the notion that there are more unethical contractors out there - who happen to be licensed - as well as revoked, suspended, and unlicensed contractors - who are ready to prey on people regardless if it's legal or not. You can be licensed but still perform shoddy work, can still front-load contracts, can still cause problems for owners and be a shady individual. That happened to alot of the 2003 Cedar Fire victims who dealt with licensed contractors but had some serious problems and the Contractors Board stepped up their usual enforcement because of the fire disaster. Otherwises it would have been "business as usual" with complaints taking months to get assigned and resolved

The bottom line is that homeoweners every day are faced with the possiblity of hiring an unethical, licensed contractor just as much as an unscrupulous, unlicensed or revoked contractor. The difference is that the licensed contractor - if he/she is interested in keeping the license in good standing - will correct his behavior and start performing ethically. The other ones make a living out of scamming homeowners and aren't put off by fines or the threat of regulatory agencies. And there is plenty of these kinds of individuals out there.

2007-10-12T15:30:00.000-07:00

If there is one email I can count on getting pretty regularly it would be the "I'm at the point where I'm thinking of firing my contractor". The homeowners are always at their wits end and have tried to get the contractor to either continue on the job, perform work on a consistent schedule, repair obvious shoddy work or are suddenly faced with some "extra work" performed without their consent and the demands for payment are fast and furious.

Before any homeowner comes to this decision there are definte steps that must be taken before the contractors' walking papers are given. Proper documentation and copies of certified letters sent to the contractor requesting specific problems needing to be resolved, are just a couple of steps a homeowner must take to legally protect themselves down the road. You'll also want to consult with an attorney to discuss your civil exposure and file a complaint with the regulatory agency that oversees the contractors laws in your state.

Be sure to read the article "The Right Way To Fire Your Home Remodeling Contractor" for more discussion on this subject.

This week's blog was inspired by a homeowner who wanted my thoughts on firing her contractor. Her situation and my response can be found at my FAQ section at contractorsfromhell.com

2007-10-02T14:46:00.000-07:00

I've heard from many consumers over the years who hired a friend - sometimes licensed, sometmes not - to perform some type of remodeling project. And it just never turns out to be the smartest idea and very often it's the end of the so called friendship. Usually the lure is one of "saving money" and the guy could use the work and well, their friends". Yeah right. Quite the opposite typically happens.

The work ends up being shoddy and timelines are not met. Of course there is no contract and the homeowner usually has fronted a good deal of the entire cost of the project with very little to show for it. They've asked repeatedly for some progress and some folks ask for a contract after the fact. These kinds of scenarios rarely work out in favor of the homeowner and only add to their frustration and money lost.

Recently I received another one of these kinds of emails from a homeowners asking what her options are and my answer to her query is posted in my FAQ section of my site.

Bottoom Line: Don't do business with a contractor-friend and expect a great deal. Go through the steps outlined on my site, Tips on Hiring Home Remodeling Contractors as well as Questions To Ask The Contractor regardless of whom you're looking to hire.

2007-09-10T15:42:00.000-07:00

***Homeowners in the SoCal area (Los Angeles County, Ventura County, Orange County preferred) take note! If you have spent lots on a dodgy home remodeling job and a shyster contractor, then have we got the home improvement show for you! Let our expert licensed general contractor and his crew rescue you from your botched home renovation, and help you get the job done the right way! Homeowners of all ethnicities with outgoing personalities should apply by sending a brief paragraph about your renovation nightmare ( along with a photo of the mess and a photo of yourself ) and your phone number you can be contacted at to StaceeV@citylightsmedia.com. You can also call Stacee at 818-288-4800. We are ONLY seeking homeowners in the Southern California area. Please note that we will not makeover a house from scratch, only homes with shoddy home repairs will be considered.****

2007-09-05T15:58:00.000-07:00

One of the first things a contractor learns and is advised to do by
training institutions and Contractors Boards alike is to retain an
attorney before they begin their contracting business. Makes sense,
given the problems and challenges that are likely to arise for the
"newbie" or up and coming general contractor. Truth be told, the
majority of contractors are not personally well-versed in business
management and ethics. More importantly, there are those individuals
who are lured by the potential to make a whole lot of money - easily -
and aren't committed to truly building a business; there out to get
their hands on the consumers hard-earned money.

Given this very real scenario, it is imperative that homeowners consult with an
attorney specializing in construction / defect law before they hire a
contractor and sign a contract. Even if it's just a kitchen remodel -
which requires a number of different tradesmen, where important
decisions will need to made, with consistent supervision, permits etc -
having an attorney review andred line the contract is key. After that,
a homeowner needs to have that attorney in their back pocket should
issues or questions arise, just like the contractor. And if you're
remodeling or building from the ground up, you absolutely need to
consult with an attorney. There's just too much that can go wrong or
overlooked legally in terms of protection and your rights.

Does consulting with and retaining an attorney guarantee a perfect,
problem-free home remodeling project? No - there are no guarantees in
life that I'm aware of other than death and taxes BUT you will be able
to mitigate anyunforeseen problems, have greater control over your
project and have some assurances that your behind is covered.
Additionally, you'll have access to your legal queries more quickly
than if you had no one or no idea of who to turn to when you need them
the most. Like the contractor who is advised to seek legal
representation beforebeginning the business of contracting a homeowner needs to do the same before contracting with a home remodeling contractor.

As a side note, the past several months I have received many a request for
attorney referrals from homeowners and interestingly attorneys have
inquired about promoting their services on my site via paid
sponsorship/advertising. And I believe it's a great match for both
parties. So coming this Fall I'll be putting together a section of
construction law/defect law beginning withCalifornia . Besides, I keep
getting legal questions from homeowners and It's about time they have
direct access to those who are committed to helpinghomeowners with their contractor issues and queries.

So stay tuned!

2007-08-27T15:41:00.000-07:00

This past month of August proved to be a month of emails regarding mechanics liens, lien releases and one in particular about a Material Supplier who could quite possibly be in cahoots with the contractor.

There were a few homeowners who gave 50% or more upfront - with no work started as yet and the contractor would work for a week or so and then suddenly become a no show or would just work a couple of hours a week and drag out the project. After multiple phone calls by the homeowners, the contractor would throw a fit and demand more money. Shocked, the homeowners would argue that the project was just getting started and already behind schedule and that he was given sufficient funds to begin as "per the contract".

(And I bet you that contract is garbage and has little detail regarding the project).

Once the homeowners argue the facts, the contractor threatens a mechanics lien unless they pay up. And frankly they're screwed, because filing fruadulent liens are a dime a dozen with the intention to extort money and if that doesn't work cloud the title on the homeowners poperty. Unscrupulous, smarmy contractors make it a way of doing business and homeowners who get involved with these guys have likely not done a sufficient background check including even the basics of checking license status.

Yet another homeowner gave the 10@ up front required (California law) and a day later found out the the electrician failed to pull the required permits as per the contract and fired him. He also didn't have a business license and the work is suspect. The homeowner filed a complaint with the Contractors Board and the BBB and of course the contractor is threatening the homeowners with a mechanics lien. Now she is looking for an attorney and wanting to know if I have a referral for her. Another homeowner has had problems with a cement pad and patio cover built by a contractor and for the last two years he has failed to respond to her requests. Shoddy construction has her looking for an attorney as well.

Be sure to read the section on Mechanics Liens and to learn more about these homeowners stories at my FAQ section of contractorsfromhell.com

2007-07-31T14:09:00.000-07:00

I frequently get emails from homeowners asking for help regarding their
home remodeling contractor. Usually the contractor has obtained
thousands of dollars from the homeowners before the job has begun, then
begins to show up less often and becomes difficult to reach. Much of
the time the contracts they have entered into with the contractor are
vague and the scope of work is less than detailed. Many homeowners are
confronted with the contractor asking for more money than was agreed
upon via the contract. Not knowing their (homeowners) rights, they hand
it over even though they don't really understand why the need for the
additional money but they "trust" the contractor; some are intimidated
and just don't want to create any problems.

I cannot stress enough how important it is to be in control of your home remodeling
project be it big or small. Knowing your rights from the get go and
having a well written contract that protects you is key to having that
control. If you're adding on to the square footage of your home it,
getting an attorney to review your contract is highly recommended.

Knowing your state's contractor laws, what the legal dollar amount or
percentage of the contract that can be obtained from the homeowner to
start the project are other considerations. I cover all of this on my
site with href="http://www.contractorsfromhell.com/hiring_remodeling_contractors.html">Tips
on Hiring Home Remodeling Contractors.

This past week I received a good example of why everyone homeowner should have an
attorney review their contract. A woman in California is shocked to
find herself at odds with her contractor and cannot believe how his
personality has suddenly changed to the point where he begins yelling
at her. Not surprising to me but you can read more about this woman and the problems with her contractor on my site.

2007-07-18T13:53:00.000-07:00

This past week I have received several emails from California consumers
who are in the midst of remodeling their homes. Their questions all
have to do with dealing with bad home remodeling contractors who have
taken their money and have failed to perform the work according to the
contract.

One contractor refuses to take their calls or promises to meet with them but becomes a no-show. Another contractor has racked up over $50,000 in materials, refuses to give the homeowners' any receipts or proof of material purchases. Even stranger,
the materials supplier refuses to provide the homeowners with any
information about "their account" until six months later when the bills
have not been paid by the contractor. Then the material supplier sends
them a bill stating that there is "a problem", provides them with
invoices and slaps a mechanic'slien on their property. To add insult to
injury, the invoices include materials purchased for other jobs the
contractor had going but put them on this homeowners' account.

Another woman wrote asking for help for her father stating that he didn't do
his homework. The so called contractor took a large deposit and failed
to perform according to their contractual agreement, Moreover, she
checked on the guy's license and it seems that it has been revoked
since 2004. The license the contractor gave initially belongs to someone else.

None of these scenarios are unusual - and that's a sad statement of facts.
I have been getting these kinds of emails over the last eight years and
it only enforces my position on how little protection homeowners have
and their recourse is costly and the outcome not all that great.

The one common denominator these homeowners share is that none of them
filed a complaint with the Contractors State License Board yet all of
them wanted to know what course of action they should take. When
problems occur such as these, consumers should file a complaint with
the CSLB and if warranted at some point, consult with an attorney who specializes in contruction law. On my website - contractorsfromhell.com - I cover the steps that consumers should take when they encounter problems with their home remodeling contactors.

My point here is to remind consumers that they must take a proactive
stance should they find themselves involved with an unscrupulous
contractor because they didn't do their homework. File that complaint,
consult with an attorney and be prepared for what may be a ridiculous
fight. Ridiculous because of the lies and garbage the unethical contractor
will throw at you. Protect yourself and do your homework before hiring
a home remodeling contractor.

2007-07-11T13:57:00.000-07:00

Who knew remodeling your home could become a horrifying and eye-opening experience about unscrupulous individuals with a license to destroy your plans and a government that allows it to happen with little oversight?!!

With so many emails from homeowners sharing their experiences and frustrations and many of you wanting to write letters to state officials demanding change, I say-yeah! Go for it - write those letters and send a copy to contractorsfromhell.com so we can support and document your efforts.

Earlier this week I received an email from a woman in California that brought up this issue and she was angry and shocked that what happened to her with her smarmy contractor cost her financially as the contractor declared bankruptcy and simply got another license and continues to work. And according to her, he's figured out a way to beat the system. Moreover, she believes the Contractors Board to be incompetent and wants to start a letter writing campaign to the Legislature to effect policy changes that govern the CSLB as well as contractors.

So I want to share with and enlighten all of you who have written asking (and criticizing) why is it that the government allows unethical contractors to continue to harm homeowners and the contractors doing so continue to get away with it. It all boils down to the Legislature who is driven by special interest groups - i.e., the Building Industry - who contributes a great deal of money to keep their interests and their support or rejection of bills before the House or Senate a priority. If it's good for consumers BUT should Industry believe it limits their interests and leaves their members (contractors) vulnerable to discipline, it ain't happening. Period. The pressure on the lawmaker to back off and reject the bill will be made known loudly by Building Industry representatives and that Senator or Assembly person will concede. Shameful but true.

Having worked with the Center For Public Interest Law in supporting consumer protection bills, as well as attorneys and the CSLB, I have been enlightened as to what really goes on behind the scenes and it's dispicable for the most part as to who calls the shots. Being a constituent really doesn't have a whole lot of influence with the exception of getting your vote at the ballot box.

I would like to think that at some point we could make a difference; but that would take millions of letters and phone calls to your representatives, not just a handful. And a whole lot of media attention.