<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Tracey:
Paul,
The DEFAULT rule is that a homeowner can hire anyone they like to fix a contractor's "shoddy" work, whether it's really shoddy or not. However, in order to get reimbursed for the repair work, the homeowner has to prove that the original contractor's work was sub-standard or didn't meet the contract requirements, and that the repair contractor charged a "reasonable" amount to fix the problem. One can't simply find any problem - it has to be real and substantial.
However, parties to a contract can change the default rules by specifically addressing those issues in their contract. You can avoid many of these problems in the future by doing the following:
1) Take before and after pictures of all work done - wide shots and closeups. (35 mm, not polaroids)
2) Add a "Limitation of Remedies" clause to your work contracts. The clause should say that the homeowner must give you a chance to cure work s/he believes is defective. If the owner fails to give you written notice and an opportunity to cure, s/he cannot recover any money paid to others to "fix" the work. You might want to hire a local contracts/contractor law attorney to check your state's laws on limitations of remedies for remodel work and to draft the exact language. Make the owner initial the contract next to the clause, showing that you drew it to his/her attention. If the owner does not give you proper notice and a chance to fix things, s/he can't recover any money in a suit. This will also 'freeze' the list of defects - anything not brought up in writing and shown to you can't be included in a lawsuit.
The complaint and subsequent meeting to look at the problem is also your opportunity to take pictures of the disputed work and compare those pictures to the shots you took before and after the work was done. If the owner refuses to let you into the house to repair, s/he can't recover any money.
3) Have the owner sign a 'Final Inspection' form. (Keep a copy, of course.) The form should say that each job was completed satisfactorily. ("Job" = each separate line/item in your bid/quote/contract.) The form should also have the owner acknowledge that s/he understands how to contact you and make a claim for any defects s/he was reasonably unable to detect at the time of inspection. This way, if the owner tries to argue that something was done improperly, you can use the form to argue that s/he accepted the work already, or should have noticed the alleged defect at inspection time, and that s/he knew how to contact you regarding alleged defects but didn't.
These steps will make it much harder for future clients to sue you and win, and will give you a chance to repair your customer relationship before things get to the litigation stage.
Good luck,
Tracey
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My response:
Tracy, these are truly excellent suggestions. My sincere compliments !!
IAAL
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