find a prescreened contractor contact us | why not the best? | alert the posse!
The Posse Blog
Want to Know a Dirty Little Secret?
Posted At: June 19, 2008 4:00 PM | Posted By: PosseBlogger
Related Categories: Contracts
"I'll teach you a lesson, Mr. Contractor. You're fired. Get off my property!"

Smart move? Not necessarily.

Here's a dirty little secret: bad contractors want to get fired. That's right. They want you to fire them from your project and better yet, be banned from your property.

Why? Simple. Because when you take the contractor to court he can tell the judge you wouldn't let him on the premises to finish work.

Here's how it works:

Step 1: The contractor will try to get as much money from you up front as possible including offering discounts, time-limited deals on materials or labor, and tried-and-true hard luck stories for needing stage payments ahead of schedule.

Step 2: Meanwhile, the contractor will do as little work as he can get away with. He'll have plenty of excuses for the delays. It seems to be class 101 as taught at the bad contractor training academy.

Step 3: The contractor will do any and every thing to get fired. Expect more excuses, sloppy workmanship, absenteeism...you name it. We've even known of contractors who will intentionally not take out the required building permits and then have someone else call the local authorities to have the project shut down. Why does he care, he's got your money and a day off for fishing.

If you do file a civil suit against the contractor and even if you do win the judgment it is often a waste of time. Try to go after his assets and you'll find the truck is not his but instead leased. His house and equipment will be in the name of his wife.

Since there are likely few assets from the contractor to award to you, judgments are often made based on future earnings. You'll be lucky to get $100 a month from the contractor on the 20k you gave him for your basement remodel. A bad contractor is expert at living under the radar and will quickly find a way to avoid giving you a cent back.

With the housing downturn there are more contractors out of work and who are willing to take on jobs that are outside their specialties. Beware of the lowballers. Your chances of getting your project completed and through inspection decreases while delays and demands for more money increases. The cheapest bid might actually turn out to be the most expensive when all is said and done.

If you've already hired a contractor and find yourself in the position of wanting to fire him, we can't help you much as this is your call in deciding when limiting damage is more important than getting what you paid for.

If you haven't already hired a contractor then your homework is a simple matter of due diligence:

Get references and call them.

-Check the contractor's standing with the BBB.

-Get a contract in your hands and insist on a lien waiver.

-Verify the contractor's license. Don't just look at it. Call it in.

-Don't pay a penny before its due and never everything up front.

-Verify the contractor has liability insurance and is current with it.

-Use a contractor you found from an online service like BestContractors.com. They prescreen their members and minimize your risk.

Save a Little Now, Pay a Lot Later
Posted At: April 9, 2007 2:31 PM | Posted By: PosseBlogger
Related Categories: Contracts
A visitor to ContractorPosse.com sent me a horror story we should all heed. There's no surer way to muck up the sale of your home than a problem discovered during the home inspection. A simple electrical job turned into a nightmare for this homeowner:

"Eight months before I put my house on the market, I set up a home theater system in my family room. To accommodate all those electronic devices I had two electrical outlets moved and two more added. Admittedly, I did not do the research I should have and hired a handyman to do all the work. He seemed professional, finished the job quickly and everything looked great on the surface until my house went under contract and the inspector discovered the shoddy job the guy had done. None of the outlets were grounded properly and he used low-quality wiring - an obvious fire hazard because of the amount of load I was putting on the outlets.

"When I received the home inspector's report and a notice to correct the problem I tried to find the handyman to demand my money back - of course with no luck. Even if I did manage to find him, I never got his bid or a contract in writing. I worried that the buyers would drop out of the deal.

"I ended up spending three times the amount I paid in the first place and lost countless hours to rectify the problem before I could finalize the sale. If I had done my research beforehand, none of this would have happened."

Unfortunately, these kinds of events are a daily occurrence. We all want to be bargain hunters, but choosing the lowest bid doesn't always pay off and can even end up costing you far more than you ever intended to spend. My advice: get informed before you invite a contractor into your home! Request at least three bids from three different contractors. Do your research on them. Be discerning - this is your home we're talking about! Err on the side of caution and check licensing on any contractor you're thinking of hiring. Some trades don't require it, but check it out anyway! And finally, get everything in writing. Taking a little extra time now will save you money and headaches later.

Just for future reference, here are a few of the most common problems that home inspectors come across:

Improper drainage Improper electrical wiring Roof damage Heating system issues Poor overall maintenance Structure related issues Plumbing problems

Keeping Your Cool
Posted At: March 1, 2007 10:14 AM | Posted By: PosseBlogger
Related Categories: Contracts
I spoke with a homeowner not too long ago who lamented that she had buyer's remorse as soon as she signed a contract to replace the faded siding on her home. In her 60s and widowed, she always left home repair issues to her husband. So when she saw an ad in the newspaper with a coupon for siding she called the company and got an estimate. She really didn't understand all the terms the sales rep used but he seemed nice enough so she signed a contract there in her living room after looking at his sample collection.

What led up to all this was that she had developed the crazy notion that her wood siding couldn't be repainted. I think she listened too much to a neighbor who thought that repainting siding would prevent the house from "breathing." Oh well.

The buyer's remorse came from realizing how much it was going to cost her versus her limited savings on hand. She was regretting that she had not discussed this beforehand with her son who, by the way, lives in Tampa (she's near Cleveland). But the contract was signed and she was stuck, so she believed.

The installers came, ripped off the old siding and installed the new. It looked a heck of a lot better than what was there before so maybe she had done the right thing after all even if it did take the contractor two extra days to finish work.

Then her son called and that's when she learned she could have canceled the contract within three days of signing and that indeed the original siding was in good enough condition so that all it needed was a little repair here and there and a good coat of paint. But now it was too late.

So here's the parable of the story:

She likely could have canceled the contract within 3 business days. In fact its called the "Cooling Off Rule" by the Federal Trade Commission. Learn more about it at the FTC site. The FTC requires a seller to notify the buyer about this rule at the time of sale. The buyer must make sure to get copies of the dated contract at signing. There are important exceptions to keep in mind to the "Cooling Off Rule" so be sure to read the FTC's guidelines.

NOTE: ContractorPosse.com is intended for informational use only. None of the content of this site including this page are intended to render legal advice. You should always seek the advice of your legal counsel before taking any action based upon information found at this site.