Do it yourself CONTRACTS
by Ann Chana Lask Esq.c 2004
It is important to be considered a very careful consumer when it comes to home improvement contractors. As an illustration I had a case where by my client a good elderly and shades woman signed a binding agreement and paid 301000.00 to a redesigning company that vanished with all of her funds Unfortunately the company was a scam operation the client lost the womans lifes savings and itll take some time in court previous to my client might ever see the girl money again on the other hand her mistake might be a lesson to all of you because this article makes clear how to protect by yourself from home improvement sham.
Before signing any commitment with a home improvement corporation first ask in which company for its licence number and check it out with your State or County Consumer Affairs Organization License Division. Discover the License Division on the internet or call info and get their quantity. You want to find out One particular the name and address of the company associated with the license amount given to you 2 if the company is now licensed and the license expiration date and 3 whether any kind of complaints have been created against that business. Is it legal in new york to dumpster dive The answers to those concerns will help you determine if you would like to proceed with signing a contract. Make sure both the contractor and the organization he works for are licensed to work where you live.
If your going to indication the contract then make guaranteed certain things are integrated pursuant to your understanding and as required by your State Home Improvement Business Law. The contracting corporations name address and phone number needs to be printed on the long term contract. Also it is important that this contracting companys redesigning license number is printed on the long term contract and that it is not distinctive from the number you called as well as inquired about with Purchaser Affairs. Lastly be certain that all of the work being performed is listed within the contract and that this approximate start along with end dates of training are included. You need to put a penalty terms in the contract with regards to the contractors failure to reasonable complete the work simply because contractors are famous for starting jobs and then leaving during their visit or weeks to try and do other jobs as you sit and wait in your dismantled cooking area for him to go back. Once the contract terminology are satisfactory then a contract should be closed by both you and the businesss representative.
An example of the consumer protection regulation is New Yorks General Business Law 771 GBL requiring almost all home improvement contracts will be in writing and consist of certain terms of payment expenses for services and materials and start and also completion dates between other terms. GBL 771 can be a consumer protection statute to prevent the misunderstandings between contractor experienced consumer and to shield the consumer from overreaching from the contractor such as getting for work that has been not agreed upon. GBL 771 restrictions the contractor that disregards its published contract requirements to help satisfactorily proving to a court each and every item of work he did and the reasonable value of the items by detailed accounts timesheets and proof of per hour rates among other proofs. So when the contractor who neglected to put your home advancement work in writing tries to collect 20000.Double zero from you he has to prove the value of his companies in detail before frightening you into paying an amount you had little idea about. New Jerseys Purchaser Fraud Act as well as the Home Improvement Act guard the consumer even more through denying the builder from recovering almost any monies if he she violates any of the consumer legislation AND he will pay three times the amount of damages referred to as treble damages for the consumer for their failing to obtain correct permits or the required permits or any other violation of these laws.
Lastly safeguard yourself by failing to pay 100 upfront. Most having companies ask for a first deposit upon your signing the contract. I suggest that you put down as little as possible and arrange the payment schedule with all the company where you will probably pay a certain amount as particular work is completed. Naturally always get a sales receipt signed by the firm and stating your date and level of any monies paid for to the company should you pay anything with cash.
This article is not all inclusive and is supposed only as a small explanation of the appropriate issue presented. You cannot assume all cases are equally and it is strongly advised that you consult legal counsel if you have any questions with respect to any legal things.
Any questions andor comments for this topic or another topic contact-
Law Workplaces of Susan Chana Lask 244 6th Avenue Suite2369 New York New york city 10001212 358-5762
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