A professional remodeling contractor or design service should be consulted about design and function of any remodeling project. He or she also can help you with time- and money-saving hints.
Comply With Local Codes and Permits
Building codes have been established by most cities, towns and counties. They vary considerably from one jurisdiction to another. A building permit generally is required whenever structural work is involved or when the basic living area or footprint of the home is to be changed. Ask your real estate agent or your insurance agent about the local requirements in your area. Also, if you live in a deed-restricted community, be sure to review your copy of the homeowners agreement. Under some agreements, it’s your responsibility to notify your homeowners association if you intend to make any home improvements. This may include getting the plans approved by a design committee.
A Well-Written Contract is Essential
Before any remodeling work can begin, there must be a complete contract. This holds the job together and ensures that all parties involved agree to the same vision and scope for the project. According to NARI, following are some key areas you should look for in a contract:
Be sure the contract includes the contractor’s name, address, phone and license number.
It details what the contractor will and will not do.
Your contractor should detail a list of materials for the project in your contract. This includes size, color, model, brand name and product.
The contract should include the approximate start date and substantial completion dates.
Study all required plans carefully. Insist that you approve them and that they are identified in your written contract before any work begins.
Federal law requires a contractor to give you written notice of your right to, without penalty, cancel a contract within three business days of signing it. This is provided that it was solicited at some place other than the contractor’s place of business or an appropriate trade premises such as your home.
Make sure financial terms are understood and spelled out in the contract. The total price, payment schedule and any cancellation penalty should be clear.
A warranty covering materials and workmanship for a minimum of one year should be written into the contract. The warranty must be identified as either “full” or “limited.” The name and address of the party who will honor the warranty (e.g., contractor, distributor or manufacturer) must be identified. Make sure the time period for the warranty is specified.
A binding arbitration clause is also a good inclusion in the event a disagreement occurs. Arbitration may enable you to resolve disputes without costly litigation.
Thoroughly review the entire contract and make sure you understand it before signing it.
Consider the scope of the project and make sure all items you’ve requested are included. If you do not see a specific item in the contract, consider it not included. Never sign an incomplete contract. Always keep a copy of the final document for your records.
Consider having a legal professional review the contract before it is signed.
Under California Law
By law, anyone in California who contracts for or bids on a construction project valued at $500 or more (total labor and materials) must be licensed by the Contractors State License Board (CSLB). To qualify for a license, a contractor must verify four years of journey-level experience in the trade, pass both a trade and license law examination and post a license bond. Since 2005, all new contractors are required to pass a background investigation that includes a criminal background check by the FBI. Contractors are required, by law, to put their CSLB license number in all advertisements. Unlicensed operators are required to say they are not state-licensed in their advertisements.
First-time unlicensed offenders often are issued a Notice to Appear (NTA) for misdemeanor charges of contracting without a license or illegal advertising. The NTA carries a maximum penalty of six months in jail and/or up to a $5,000 fine. Additional convictions raise the fines to $10,000 and a mandatory 90-day jail sentence.
When you hire a prime contractor to do construction on your home, he or she typically hires laborers and subcontractors to do some of the work, and purchases materials for the job from materials suppliers. No one would dispute that a homeowner should pay for goods or services provided to improve their home. If the contractor or the subcontractors, workers or suppliers that provide goods or services to improve your property aren’t paid, they can file a mechanic’s lien on your home.
A mechanic’s lien is a “hold” against your property that, if unpaid, allows a foreclosure action, forcing the sale of your home. It is recorded with the County Recorder’s office by the unpaid contractor, subcontractor or supplier, meaning that any of these unpaid entities can claim a lien against the property until they are paid.