Handling Disputes With Contracts
Requires Common Sense
Let's face it, it's not a perfect world. Even with the best
laid plan and the most carefully hired contractor, things can
go wrong during a renovation, remodel or addition project. If
you're not happy with the way work is progressing on a job
you've contracted out for, the situation requires a little
common sense.
A simple dispute, if handled poorly, can escalate into the
contractor walking off the job or worse, so proceed smartly and
be fair. The best place to start if you're unhappy with a job
is with the contractor himself. Make your concerns known, talk
with the contractor and be clear, but decent with raising the
issues.
Generally, you'll find the contractor's going to do
everything possible to make you happy. But, if you don't say
what's on your mind, he or she cannot fix a problem.
Should you find that dealing with the contractor to resolve
the issue is impossible, enlist help from another professional
familiar with the job. The architect who drew up the plans for
the addition, for example, may be able to step in and ensure
the room that's supposed to be 20 by 20 doesn't get built at a
15 by 20 size.
If this doesn't work, there are a series of steps you can
take to resolve a problem with a contractor. They include:
Outline the contractual obligations you feel haven't been
met in a letter. Give a reasonable timeline for bringing the
items into compliance and send the letter out certified to the
contractor.
Contact the Better Business Bureau and file a complaint. The
bureau will let the contractor know this has been done and it
might light a fire with the contractor. Few reputable
contractors want a bad report with the bureau so often times
they will act at this point.
Report the contractor to the county or state licensing
board. This is bad news for a contractor and they will want to
avoid this since these boards can sometimes even fine the
contractor or take away his or her license if he or she isn't
functioning in accordance with laws.
Seek mediation services through the licensing board or even
the Better Business Bureau. By bringing both parties to the
table, the mediator might be able to broker an agreement that
makes all parties happy and results in your job being completed
the way you want it done.
If all else fails, bring the issue to court. If you signed a
contract and that work hasn't been completed correctly and now
the bills are coming in, you may find you have no other choice
but do this. Save this option for the absolute last and
remember most good contractors will want to meet you half way
long before it gets to this point. Sometimes a simple
misunderstanding is to blame and no matter who's fault it is,
it's a good idea to try and resolve matters peacefully among
yourselves before getting to this point.
Most contractors are reputable business people who want to
do a job and do it right. When disputes arise, they will work
hard to resolve them. It's good for you, them and their
business for this to happen.
Unfortunately, bad contractors do exist. By having a written
contract and scope of work in hand before work commences, you
can protect yourself if you find out you've hired one of these.
Work should be completed in accordance with a contract and
should be done to specs before a contractor considers a job
done and billable.
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