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Resources: Newsletter Articles: Contractor Blues

What do you do when you realize you've got the wrong contractor?

When Things Go Wrong

When you realize that you picked the wrong contractor, the first thing that needs to be done is a good solid analysis of the situation, putting all emotion aside. If the problem has arisen from a personality conflict or a misunderstanding, try to first talk it out. This is always the best way to solve the problem, If necessary, you can always go to mediation with a third party or take legal action later.

A Personal Experience

You would think that an experienced real estate broker would have been able to avoid hiring the wrong contractor - but I didn't follow the guidelines that I laid out in last month's newsletter, and found myself in a jam.

I had been planning to replace my roof for several years, but was dreading the process due to the disruption and mess. While working in my garden, I recognized a roofer doing work next door. I had done a number of jobs with Kitech Roofing throughout the years, but not recently. I got a bid, set a time for him to start and rushed into the process without taking time to ensure that this was the best contractor for the job. I didn't check recent references or look into the status of his license, which I later found had been revoked.

Things did not go well... the new roof was not applied in accordance with manufacturer's recommendations, the quality of workmanship was poor, and it leaked during the first rain.

After months of promises with no results, I reluctantly filed a claim in Small Claims Court. I filed the applicable paperwork at the courthouse, paid the fees, hired a company to serve the papers to the contractor, pleaded my case to the judge (the contractor did not show up) and got a ruling in my favor. I am now hiring a reputable company to correct and repair my roof at my (double) expense. The unfortunate flaw with Small Claims is that even if you win your case, the chances of getting a remedy may still be slight. If the contractor does not own his home or has the home under another name you are unable to file a lien against the property. If the contractor is an independent contractor and does not work for a company, attaching his wages can also be very difficult.

So the long and short of this story is that taking the time to check out the contractor and look into their current standing is very important and worth the effort... even if you know them and have used them in the past. I assumed that Kitech Roofing's license was in good standing simply because the license number was printed on their bid and they were working next door. I would have saved myself a lot of anguish if I had checked the status of their license before hiring them. You can check your contractor's license status at http://www.cslb.ca.gov/consumers/. People and circumstances change, not always for the better.

If the Contractor Is Licensed

The California Contractors State License Board is the entity that handles all licensing of contractors. The Licensing Board was created to ensure that contractors have the training and skills to do the work required. It provides a system of tracking and accountability. Licensing requirements usually include a written test, a licensing fee and a number of years of experience in a trade to qualify for the license. Working with a licensed contractor gives you leverage in the resolution of a dispute.

The license is key to the contractor's credibility as a skilled tradesman. If it is revoked the contractor is required by law to reveal this to any consumer that hires him. Any contractor caught advertising as a licensed contractor without a license by the board will be fined and could be banned from applying for a license in the future.

The State License Board accepts complaints and claims against contractors through a legal process. If a representative from the state investigates a claim and finds that the contractor is at fault, the contractor's license can be suspended or revoked. Understanding the process and who to call are critical in taking care of your best interests should a problem arise.



Sherry Benninger

sherrybenninger@grubbco.com

The GRUBB Co., 1960 Mountain Blvd., Oakland, CA 94611

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