Source: Jefferson County District Attorney

Construction problems occur frequently in Colorado. Do your homework before entering into a contract with a company.

·     Check references. Call the homeowners who had work performed by the contractor you are considering hiring. Was the job done professionally? Was the job finished on-time and on-budget? Would the homeowner use the company again?

·     Look at the job. Does the work satisfy your demands and needs? Do you plan on having the same amount of work performed? If the work you are seeing is a small job and your job is larger in scope you may want to ask the contractor for a referral for a larger project she/he has performed? If so, find out if this would be the contractor's first attempt to take on a job of this size.

·     Find out how much of the comparison job was subcontracted. Determine who will subcontract the job and check references. Does the contractor always work with the same subcontractors or does he hire any available subcontractor? Will you have any say in who will be hired?

·     Get at least three written bids for your proposal. Make certain the entire arrangement is in writing. Remember, you cannot prove a verbal conversation or agreement took place.

·     Determine if the contractor is required to pull permits. Make certain the permit is pulled and on site before allowing work to begin and before paying huge sums of money.

·     Write a detailed contract that includes dates, materials, change orders, inspections and payment schedules. Again, remember that you cannot prove a verbal conversation took place.

·     Pay as you go. Make certain the payment schedule is put in writing. You may consider paying only after inspections take place and all corrections have been performed. Obtain lien waivers as you pay each installment.

·     Request frequent bills. Ask to see invoices for materials before paying the bill.

·     Consider making the check payable jointly to the contractor and supplier/subcontractor to guarantee the supplier or subcontractor are paid.

·     Make frequent inspections of the work. Make certain all city/county inspections are done on time.

·     Request that corrections be made as the job progresses. Don't wait until the job has been completed. It is difficult to level the floor after the flooring has been installed and it is difficult to move the outlet to the specified location after the job has been plastered and painted.

Partial performance is generally considered a civil problem and civil remedies are available. The District Attorney's Office can only become involved in partial performance complaints when there is a provable pattern of partial performance resulting in a monetary benefit for the contractor. Please remember that damages are not considered partial performance and damages can only be awarded through the courts. 

10 Tips for a Smooth Remodel
Source: National Association of Home Builders (NAHB)

Follow these 10 tips when you embark on an exciting home remodeling project.

1. Establish good two-way communication with the remodeler. It's essential to have good communication for a smooth remodeling project. Does the remodeler listen? Does he or she answer questions clearly and candidly? Can you reach him when you need to? Does he return phone calls promptly? Does he let you know when problems arise and work with you on solving them? 
2. Make sure you have compatibility and fit with the contractor. You'll spend a lot of time with your remodeler so it's important to have a good rapport and trust in him.  
3. Set a clear and mutual understanding about the schedule. You and your remodeler should agree on the schedule up front to avoid conflict and problems later in the project. 
4. Request a written proposal. Often times, two people remember the same conversation differently. Get the proposal in writing and work with the remodeler to ensure it reflects your wishes. 
5. Determine a clear and mutual understanding on the miscellaneous details. There are a lot of little details that need to be settled before work starts. What times of day will they be working? How will he access the property? How will cleanup be handled? How will they protect your property?  
6. Remember to be flexible. Remodeling is an interruption of your normal life. Remember to be flexible during the project so that you can handle the unexpected and go with the flow. 
7. Create a clear and mutual understanding of how Change Orders will be handled. With remodeling there is always the chance you may want to change materials or other project details during the job. Agree with your remodeler on how these changes will be handled before the start of work. Also understand that changes could affect the schedule and the budget, so it's important you have all changes in writing. 
8. Agree on a well-written contract that covers all the bases. The contract should include these elements: a timetable for the project, price and payment schedule, detailed specifications for all products and materials, insurance information, permit information, procedures for handling change orders, lien releases, provisions for conflict resolution, notice of your right under the Federal Trade Commission's Cooling Off Rule (your right to cancel the contract within three days if it was signed someplace other than the remodeler's place of business), and details on the important issues (such as access to your home, care of the home, cleanup and trash removal). 
9. Ask for a written Lien Waiver from the remodeler upon completion of the work. If the remodeler hires subcontractors for portions of the work it is their responsibility to see them compensated. In order to ensure this has been done and to protect yourself, ask for a written lien waiver when the work is finished. This document will verify everyone has been paid.  
10. Establish a project plan, covering all phases and dependencies in the work. Plan your big picture goals with the remodeler and talk out your needs. Hire a remodeler who will plan it out with you, listen to concerns, and answer questions.   

Last Modified: Mar 17, 2010 01:48 PM