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Tips on Hiring Home Improvement Contractors

The home improvement and repair season runs all year long, but the warm weather months are when many homeowners will hire contractors to do these tasks. The New York State Consumer Protection Board has published a Home Improvement Brochure which provides tips on identifying legitimate contractors. The brochure includes a model contract to be used by homeowners when hiring contractors.

The brochure suggests asking the following questions from the contractor prior to hiring:

• Do you do this type of work?
• Do you provide a free estimate?
• How long have you been in business?
• Do you have a license (where appropriate)?
• Can you supply references from previous customers?
• Do you have insurance for personal liability, injury and property damage?

Following are tips for homeowners that appear under "Hiring the Contractor" section:

1. Get it in writing. Make sure that all promises, including a project start date, list of materials, payment schedule and the expected completion date are given to you in writing.
2. Advance payments. Don't pay a large down payment before work begins. Negotiate only reasonable advance payments that are tied to completion of specific work. Make sure the contractor signs all papers. Keep a copy for your records.
3. Get a Lien Release. This document guarantees that your contractor will pay all of his subcontractors and suppliers at the end of the job. It will prevent those subcontractors and suppliers from coming after you for their money.

According to the brochure "The law gives you three days to cancel a home improvement contract. Cancellation must be in writing and should be sent to the contractor by certified mail, return receipt requested."

Under state law, any homeowner who signs a home improvement contract relying on false or fraudulent written representations may sue the contractor. In addition to other remedies, an owner may recover a $500 penalty, reasonable attorney fees and any damage sustained as a result of such misrepresentations. But, if the court finds the owner's lawsuit was frivolous, the court may grant attorney's fees to the contractor. Check local law for additional recourse.

Consumers should note that when an unlicensed contractor sues a homeowner, the homeowner can move for a dismissal of the action.

To request a free copy of the brochure call the Consumer Assistance Hotline at 1-800-697-1220 or email: webmaster@consumer.state.ny.us The brochure can be printed from the CPB website.

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