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Install selecting a contractor

Selecting a Contractor

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We are currently working on providing our own information on this topic

Until then, we have provided some very helpful tips from the California town of Freemont that may provide some general information on this topic.

The Contractors State License Board (CSLB) was established in 1929 as the Contractors License Bureau under the Department of Professional and Vocational Standards. Today it is part of the Department of Consumer Affairs.

A 15-member board appoints the CSLB's executive officer, or Registrar of Contractors, and directs administrative policy for the agency's operations. This board includes nine public members (eight noncontractors and one local building official), five contractors and one labor representative. Appointments are made by the Governor and the Legislature.

The CSLB licenses and regulates contractors in 43 classifications that constitute the construction industry. Currently there are approximately 280,000 licensed contractors in the state. The CSLB also registers home improvement salespersons.

The Registrar oversees approximately 380 employees, who are distributed among the headquarters office in Sacramento and field offices throughout the state.

The CSLB's functions include licensing, enforcing license law, and educating consumers about dealing with contractors. CSLB staff processes applications for licensure, requests for changes to licenses, and renewals. CSLB also investigates complaints against both licensed and unlicensed contractors, which may result in disciplinary or administrative action, such as citations or the suspension or revocation of licenses. The Board's Statewide Investigative Fraud Team (SWIFT) works to eliminate the underground economy by taking legal action against unlicensed contractors and by conducting undercover stings. Educational activities, including outreach to the media, participation at home and garden shows, a speakers' bureau, and the production of publications, are an ongoing function of the Board.

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Before You Begin

Do Your Home Improvement Homework

Californians spend more than $39 billion on residential construction each year. Many homeowners have discovered that improving their present residence with an updated kitchen, an additional bathroom, new windows or a new roof can be a more prudent investment than purchasing a new residence. However, adding a room or updating a kitchen can cost more than a new car, so consumers should take some time and care in planning a costly home improvement project. Unfortunately, most consumers spend less time choosing a contractor than they do choosing a car.

The Contractors State License Board is an excellent source of information for the consumer who wants to make sure the job is done right.

This booklet provides advice for consumers on steps to:

    red button Select a licensed and qualified contractor;

    red button Negotiate a clear contract;

    red button Prevent disputes with the contractor; and

    red button Resolve disputes with the contractor if they arise.

This booklet is a brief summary of some of the things you as a homeowner can do to avoid costly mistakes and misunderstandings in dealing with your contractor.

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Caveat Emptor

Let The Buyer Beware

Most licensed contractors are competent, honest, hardworking and financially responsible. However, home improvement is a top source of consumer complaints nationwide. Most of the problems CSLB sees could be prevented if homeowners knew their home improvement rights and took responsibility for their project. A responsible and informed consumer can work more effectively with reputable contractors, and can avoid being victimized by unscrupulous or unlicensed operators.

The "buyer beware" principle can help prevent frustration and disappointment when preparing to make a major decision. By carefully considering what you want done to your property, what it will realistically take to do the job, and taking the time to research and check the license of the professional you hire to do the job, you may avoid many of the headaches often associated with remodeling.

Almost everyone knows someone who has a nightmare story to tell about their remodeling job: the length of time it took; the inconvenience of the noise, dust, and absence of such essentials as plumbing, electricity, heat, and air conditioning; lack of privacy during the job; or the cost overruns associated with homeowners who had to live through what they described as "the trauma" of even the smallest remodeling job.

Protect yourself--and your pocketbook--by doing your home improvement homework and planning responsibly for your project.

Home Improvement Bill of Rights

The Contractors State License Board reminds you to exercise your rights and responsibilities when making home improvements. As a California consumer, you have the following rights when working with contractors:

    red button The right to hire only licensed contractors;

    red button The right to make a down payment of no more than 10 percent of the project price or $1,000, whichever is less;

    red button The right to a written contract that is clear and includes a payment schedule and completion date.

    red button You also have the responsibility to properly plan and manage your project.

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Planning Your Project

In order to minimize the chances that you will have a problem with your project or contractor, you should understand that planning is the first step in the process. Before you do anything else, ask the question:

What Do I Want Done?

A silly question? Not at all. Carefully plan exactly what you want done, what you want it to look like when finished, and how much you have to spend. Thoughtful, carefully prepared plans will be helpful in getting accurate bids from contractors. You may wish to seek the advice of an architect or draftsperson. Remember that, in general, if something you want is not shown on the plans, you won't get it.

When planning your project, be sure to consider energy efficiency. An energy-efficient home or building costs less to heat or cool, is quieter and more comfortable, and will sell faster and at a higher price.

California law requires new and remodeled buildings to meet or exceed certain energy efficiency standards. Aiming for optimal energy efficiency can have significant financial benefits, such as:

    red button Rebates or low-interest loans from utility companies;

    red button Rebates from the manufacturers of energy-efficient products and appliances;

    red button Energy-efficient mortgages and other advantageous financing incentives from lending institutions.

Additional information on California's energy efficiency standards is available from the Energy Standards Hotline for the California Energy Commission, (800) 772-3300 or (916) 654-5106 in the Sacramento area. Information is available on the Internet at www.energy.ca.gov/title24. For printed information, call (916) 654-5200.

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Paying For Your Project

Your Home Is Your Biggest Investment

When remodeling your home, you may wish to obtain financing for the project through a personal loan, a home-equity loan, a credit union, an insurance policy, a bank, or a savings and loan. It is important for you to investigate different sources of funding to compare the amount, interest rate, terms, and tax considerations.

If you cannot pay for a project without a loan, it is a good idea to add a clause to your contract stating that it is valid only if you obtain financing at a particular rate.

If your project is the result of damages covered by your insurance, check with your insurance company to determine the extent of coverage before signing a contract.

When deciding among the various loan sources, you should ask about possible prepayment penalties. In some home-improvement loans, this penalty can be very high and should be a consideration.

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Selecting a Licensed Contractor

What Kind Do You Need?

There are 43 different types of contractor licenses, including general and specialty contractors. General building contractors usually oversee projects and coordinate the specific subcontractors for a job. Specialty or subcontractors usually are hired to perform a single job. For example, if you want only roofing or plumbing work, you may want to hire a contractor licensed in that particular specialty.

A general building contractor may also contract for specialty work, but must hold a specialty license for that work or actually have a specialty contractor do the work. If the job requires more than two types of work on a building, then it is appropriate for a licensed general building contractor to contract for and oversee the entire project. For example, if your kitchen remodeling will involve the performance of plumbing, electrical and carpentry work under one contract, a licensed general building contractor should be hired. Under those circumstances, a general building contractor may perform all of the work on a building, or have specialty subcontractors do all or part of the scope of work for which the specialists are licensed.

Do Your Home Improvement Homework:
Check The License
______________________________________

Before you sign anything, check the CSLB Web site, www.cslb.ca.gov, or call the Contractors State License Board at (800) 321-CSLB, to make sure the contractor is properly licensed in the class for the work to be performed, and the license is in good standing.

Check the Contractor's License

Is the contractor properly licensed? In California, anyone who contracts to perform work that is valued at $500 or more for materials and labor must hold a current, valid license from the Contractors State License Board in the specialty for which he or she is contracting.

Unlicensed contractors pose a risk to your financial security because they expose you to significant financial harm in the event of injury or property damage. Few unlicensed contractors have bonding or workers' compensation insurance.

If you contract with someone who does not have a license, the Contractors Board may not be able to assist you with a resolution to a complaint, and a remedy against an unlicensed contractor may be available only in civil court. This is one more good reason to work only with licensed contractors! Another consideration is that unlicensed contractors may not have the expertise and qualifications to do the job right the first time. You could end up having to hire a licensed, reputable contractor to correct the work-and paying for the job twice.

Ask to see the contractor's pocket license and some additional form of identification. The name on the pocket license should be the same as the name of the contractor or business name the contractor is working under.

It is illegal for one contractor to use another contractor's license, just as it is illegal for someone to use another person's driver's license.

When you establish that the contractor's or company's name matches what appears on the pocket license issued by the Contractors State License Board, and before you sign anything, check the CSLB Web site, www.cslb.ca.gov, or call (800) 321-CSLB, to find out if the license is valid. The contractor's license status page will also help you verify the contractor's business address, describe the kind of work that the contractor can perform, if any legal action has been taken against the contractor's license, and if the contractor is properly bonded and insured.

Legal action history information is available on the Web site www.cslb.ca.gov or from the CSLB Northern or Southern Regional Legal Action Disclosure telephone numbers. The Northern California number is (916) 255-4041. Southern Region can be reached at (562) 345-7656.

Complaint information about a licensee is disclosed after the complaint has been fully investigated and has been referred for legal action. Complaints involving probable violations that will likely result in legal action referral are also disclosed. (See flow chart describing the CSLB's complaint handling process.)

Check The Contractor's References

One of the best ways to select a licensed contractor is to seek out personal recommendations from friends or relatives who recently had similar projects completed and were satisfied with the job.

Ask the contractor for local references, and call them to see if they were satisfied with the contractor's work. Skilled contractors will be proud to take credit for their work. If possible, go out and look at finished projects. Some consumers even try to find jobs in progress to see how the contractor works and to speak with the homeowner about work habits, inconveniences, and the sensitivity of the contractor to the living needs of the homeowner. Remember, the person you hire to work in your home will be in and around your home until the job is completed.

When speaking to the contractor's customers, ask such questions as:

    red button Did the contractor keep to the schedule and the contract terms?

    red button Were you pleased with the work and the way it was done?

    red button Did the contractor listen to you when you had a problem, and seem concerned about resolving it?

    red button Did the contractor willingly make any necessary corrections?

In addition to talking with customer references, obtain references from material suppliers, subcontractors, and financial institutions, if possible, to determine whether the contractor is financially responsible.

You may also wish to check the contractor out with your local building department, trade association or union, local consumer protection agency, consumer fraud unit in your city or district attorney's office, and the Better Business Bureau. Call these organizations to see if they have information about the contractor you are considering. Ask how long the company has been in business, and find out if there are any complaints about the firm or other relevant file information.

Ask the contractor for the address of his or her business location and business telephone number, and verify them. A contractor who operates a business out of the back of a pickup truck with a cellular telephone may be difficult to find to complete a job or fix something that has gone wrong after the last bill is paid.

If you want an arbitration clause in your contract, make sure the contractor you are considering will agree to arbitrate any disputes that arise out of the contract. (Click here for additional discussion of arbitration programs.)

Don't be fooled or pressured by a smooth-talking salesperson. Take the time and effort to make sure that the person or business doing your home improvement is going to perform in a professional manner.

Make Sure The Contractor Has Workers' Compensation And Liability Insurance Coverage

Ask the contractor and verify on CSLB's Web site www.cslb.ca.gov if the company is insured against claims covering workers' compensation, property damage, and personal liability in case of accidents. Ask to see a copy of the certificate of insurance, or ask for the name of the contractor's insurance carrier and agency to verify that the contractor has the insurance.

Licensed contractors are not required to carry general liability insurance; however, they must include in the written contract a form about liability insurance. The form includes five questions about general liability insurance you should ask your contractor and the answers you should get.

Home improvement contractors must tell you whether or not they carry general liability insurance and that it will protect against third-party bodily injury and property damage. If uninsured, they should be able to explain how they would cover losses that would ordinarily be covered by insurance.

If your contractor damages your property and doesn't carry general liability insurance, you or your insurance policy could end up paying for damages.

In California, if a contractor has employees, workers' compensation insurance coverage is required by law. This is important for you as a homeowner. If a worker is injured working on your property and the contractor doesn't have insurance, you could be asked to pay for injuries and rehabilitation through your homeowner's insurance policy. Don't let your insurance become your contractor's workers' compensation insurance coverage. Verify your contractor's workers' comp coverage on CSLB's Web site www.cslb.ca.gov.

Bonds

Some bonds are designed to protect you against substandard work that does not comply with local building codes. Bonds do not assure the financial or professional integrity or competency of a contractor.

Institutional lenders such as savings and loans, insurance companies or commercial banks generally require contractors to secure bonds for large jobs.

Bonds may be classified as:

Contractor's License Bonds -- All contractors are required to have a contractor's license bond of $10,000. This bond is not a guarantee of performance or competence, or of the contractor's financial responsibility. In fact, this bond is often not enough to cover the multiple complaints made against it.

Contract Bonds -- A contract bond guarantees both job completion and payment of all labor and materials. In general, the bonding company will not have to pay more than the face amount of the bond.

Bonding requirements may keep a new contractor or a contractor with a poor track record from bidding on desired jobs. Bonding companies will not take a risk without verifying the technical and resource capabilities of the contractor. For a contracting business to qualify for bonding, it must practice sound business techniques.

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Bids

A bid is an offer to do work. It is advisable to get at least three written bids using identical plans and specifications so you can compare prices and contractors.

Get Competitive Bids For The Project

Solicit at least three bids for the work you need; do not automatically accept the lowest.

If you are like most homeowners, you may not be familiar with the current price of building materials and labor costs. The three-bids rule helps you decide if the bids are reasonable or not.

Make sure all bids are based on the same set of specifications, materials, and scope of work. Discuss the bids in detail with each contractor, and make sure you understand the reasons for any variations in price. Sometimes a higher price may be worth it, if the materials to be used are of higher quality or the work is more extensive. For example, if you are having your kitchen remodeled, and one bid is based on installing prefabricated cabinets in standard sizes while another is based on installing custom-made cabinets, the prices will not be comparable.

Please note: A license number on a bid or contract does not necessarily mean the license is valid. Although an unlicensed contractor may give you a low bid, the risks of possible financial and legal consequences you may face outweigh any benefits a lower bid may seem to offer.

Beware of any bid substantially lower than the others. It probably indicates that the contractor has made a mistake or is not including all the work quoted by his or her competitors. You may be headed for a dispute with your contractor if you accept an abnormally low bid.

Don't forget the old adage,

"If the offer sounds too good to be true, it probably is!"

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The Contract

Don't Sign Anything-Until You Understand & Agree

Although you might assume that a "contract" should look like a contract, anything you sign could be used by a contractor as authorization to go forward with your project. This means that any bid you sign may become the contract. Do not sign anything until you completely understand what you are signing, and agree to all the terms.

Be sure to ask questions until you fully understand the contract and what the work will look like. Before signing anything, you may wish to discuss the proposed contract, plans and specifications with an attorney.

Get It In Writing

One of the best ways to stop problems before the job begins is with your contract. The contract binds you and the contractor to the project. Since a written contract protects both you and the contractor, all agreements should be put in writing. It should include everything you have agreed upon and the extent of work to be done. Get all oral promises in writing, and spell out exactly what the contractor will and will not do. If you intend to do some of the work yourself or hire another contractor to do it, this also should be written into the contract. Be as specific as possible.

Your contract must include a Checklist for Homeowners that specifies how to check out your contractor and how to check out the contract.

Never sign a blank or partially blank contract. Get a copy of the contract as soon as you sign it, and keep it for your records. Both you and the contractor are bound by everything set down in the contract, so read it carefully before you sign. If you have any questions or don't understand something, ask before you sign. Order the free publication, Home Improvement Contracts: Putting the Pieces Together.

Be sure the financial terms of the contract are clear. The contract should include the total price, when payments will be made and whether there is a cancellation penalty. On any home improvement job, you should expect to make a down payment.

Remember...
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California law requires that the amount of the down payment for any home improvement contract (except for swimming pools) may not exceed $1,000 or 10 percent of the contract price (excluding finance charges), whichever is less. The down payment for a swimming pool shall not exceed $200 or two percent of the contract price (excluding finance charges), whichever is less.

Make Sure Everything You Are Paying For Is In The Contract

The contract should specify all materials to be used, such as the quality, quantity, weight, color, size, or brand name as it may apply. For example, the contract should say "Install oak kitchen cabinets, manufactured by Company XYZ, model 0318A, as per the plan," not just "Install kitchen cabinets as discussed."

Make sure your contract includes everything you feel is important to the job, including complete cleanup and removal of debris and materials, and special requests like saving lumber for firewood or saving certain materials and appliances. Also give instructions regarding pets, children or areas where materials may not be stored.

After you have a signed contract, and even after work has already begun, your contractor may offer suggestions that will change your original ideas for the work. The contract should clearly state your final agreement and accurately reflect everything involved in the work being done by your contractor. If you have added work, substituted materials or equipment, or changed the completion date, make sure that clearly worded and signed "change orders" reflect this. (See Items Your Home Improvement Contract Should Contain.)

Describing the Job--
the Good, the Bad and the Ugly

The Good The Bad The Ugly
Install kitchen cabinets manufactured by Company XYZ, model ABC, per plan. Install oak country-style kitchen cabinets. Install some cabinets.
Paint indoor entry (per plan) using brand X paint, color ABC, two coats, with preparation described in next paragraph. Prep and paint entryway with blue paint. Paint the entry.
Brand X kitchen faucet in style ABC and color BCS. Kitchen faucet replaced if necessary. Kitchen fixtures

Three-Day Cancellation Period

The law requires a contractor to give you written notice of your right to cancel a contract within three business days of signing it, provided that it was solicited at someplace other than the contractor's place of business (your home, for instance). Use those three days to review your contract again. If something bothers you, don't be afraid to cancel the contract. If you do cancel, by all means call the contractor; but make sure your cancellation is in writing and mailed before midnight of the third day. Sending the cancellation to the contractor by registered mail will give you a record of its mailing date and of its receipt by the co