Make sure you have a contract from the beginning describing the work to be done and the costs. Keep accurate records and take pictures as you go along. The more evidence you have to support your claim, the better. Also, always deal with licensed and insured contractors, it makes life easier, get a copy of their license and insurance before you give them a deposit and let them start working.
We have heard many horror stories here at the firm about people who've had roof work done by the "storm chaseres" only to find out the work was shoddy and the contractor is gone. We've also seen sub-contractors get stiffed by contractors who collect a bunch of deposits and then leave with the money. The sub does the work and the contractor is nowhere to be found. When talking to a contractor, remember the old addage: if it seems to good to be true, it probably is (too good to be true).
As another alternative, you can contact the Home Improvement Contractor Mediation Program offered through the State of Tennessee Consumer Affairs Division. I've included a website address and information below. They can help you prior to contacting an attorney to try to mediate the conflict between you and the contractor.
Of course, this program is voluntary, and no one can force the contractor to mediate or accept a mediated agreement. The same goes for you. A mediated agreement must be entered into by the consent of both parties. So, if you don't like the outcome, you don't have to sign it.
If that route does not work, or you feel that you won't get any satisfaction through mediation - maybe because the trust factor has broken down so much that you simply can't enter into an agreement with the contractor - then you can get a lawyer and file against the contractor. This is a breach of contract complaint and, sometimes, can also include an action under the Tennessee Consumer Protection Act. Depending on the acts of the contractor, there may also be fraud issues to raise.
Be careful who you hire. If you have problems, contact us immediately: 865-357-1949. rlvogel@robertvogellaw.com. The Vogel Law Firm
Home Improvement Contractor Mediation Program
Homeowners who experience problems with a home they have recently built, purchased or made renovation to often feel overwhelmed. After all, a home is often the single largest investment a consumer makes in his or her lifetime.
Source: http://tn.gov/consumer/champ.shtml
In 2005, the Consumer Affairs Division formed an alliance with the Board for Licensing Contractors and the Home Improvement Commission known as the Home Improvement Contractor Mediation Program. This program was formed to investigate and mediate complaints between homeowners and contractors that are not of a regulatory nature.
Consumers are encouraged to file a complaint if they are not satisfied with the work performed by a contractor, whether it is a new home or one that they have recently hired a contractor to make improvements or renovations to. A Consumer Protection Specialist will attempt to mediate the complaint and resolve any issues. Contractors who fail to respond to a notice from the Home Improvement Contractor Mediation Program that a complaint has been filed will be placed on the Division's Problem Contractor's List.
It is important to note that the mediation process is strictly voluntary and the Home Improvement Contractor Mediation Program cannot force a contractor to comply with the wishes of the consumer. Consumers must consult with a private attorney to pursue any legal action. However, any complaints containing potential violations of a contractor's profession may be forwarded to the Board of Licensing Contractors who may take disciplinary action against the contractor's license.
To check the license of a contractor, visit http://verify.tn.gov/.
Visit http://www.tn.gov/consumer/complaint.shtml to file a complaint online or to print a complaint form.
To view the Problem Contractors List, visit http://www.tn.gov/consumer/probcontractor.shtml.
Source: http://tn.gov/consumer/champ.shtml
I feel sorry for those who have experienced disservice from unlicensed home builders or repairmen. It might be that the materials used were cheap, or weren’t sturdy enough to withstand harsh conditions. What I suggest is that they should devote some time to research about the materials and how to use them properly. In this way, they would have a background on what is really happening when construction starts.
ReplyDeleteSalvatore Aguilar