Contractors Contact Sample

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Palm Beach County2012 Edition

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Palm Beach CountyWinter 2012 Edition

Preparing For and Avoiding Residential Construction Disputes: For Homeowners and Contractors

Residential construction disputes come in all shapes and sizes, but very typically have one thing in common: they can get very nasty.

This is understandable, especially in today’s economy. The homeowner is spending hard-earned money on something very personal to them, their home. They want it done right. The contractor is working on really tight margins, and with a diligent client.

These disputes can become frustrating legal battles that costs thousands of dollars. And since it’s such a hot topic politically (there is lots of pressure for legislatures to protect against construction fraud), many states have layers of consumer protection laws that are consequential to both the residential contractor and the homeowner.

This article does not discuss any one state in particular, but gives a bullet-point style summary of some things to keep in mind when starting a construction project. And that’s right, I said starting. The only way to adequately prepare for and avoid residential construction disputes is to take steps before any work begins, and in many cases, before signing the construction contract.

For Homeowner: Tips to Prepare and Avoid Residential Construction Disputes

Tip 1: Hire a Licensed Contractor. This one is very important. If you don’t have a licensed contractor doing your work, you’re taking a very big risk. Unlicensed contrac-tors don’t have much to lose if they run from your job, construction fraud usually occurs with unlicensed contractors, and unlicensed contractors are usually without bonds, insurance, workers comp, and a lot of other things that can ultimately create liabilities for you.

So, tip one is to hire a licensed contractor. You can make sure the contractor is licensed by checking with the state’s agency for contractor licensing. Here are the agencies for a few states (in Virginia and where I practice). Typically, you can search for their license status right online. Washington, Oregon, Louisiana, Virginia.

Tip 2: Request a Written Contract. Get your agreement with the contractor in writing. If it’s not in writing, you can easily find yourself in a disagreement about the agree-ment.

Continued on Page 14

Electrical Contractor

Adkins On Time Electric

225 Oxmoor Circle, #803

Homewood, AL 35209

Phone: 718-942-1405

www.adkinsontime.com

Advanced Electric Company, Inc.

1969 A Chandalar Drive

Pelham, AL 35124

Phone: 718-664-4500

www.advancedelectricinc.com

Stone Electric Co., Inc.

4624 Fifth Avenue South

Birmingham, AL 35222

Phone: 718-592-6313

Email: [email protected]

Engineering & Architecture

Waggoner, Sumner & Cannon

3535 Grandview Parkway, #500


Phone: 718-298-6074

www.bargewaggoner.com

Goodwyn, Mills & Cawood, Inc.

2701 1st Avenue South, #100


Phone: 718-879-4462

Email: [email protected]

CCOONNSSTTRRUUCCTTIIOONN SSAAFFEETTYY CCHHEECCKKLLIISSTTCCOONNSSTTRRUUCCTTIIOONN SSAAFFEETTYY CCHHEECCKKLLIISSTTDate inspection conducted: Location:

Name(s) of those participating in this inspection:

INDICATE EITHER: A = Acceptable/Yes; U = Unacceptable/No; N/A = Not Applicable

PERSONAL PROTECTIVE EQUIPMENT EMERGENCY ITEMS

Safety glasses and/or goggles available + being used? Emergency evacuation map posted near work area? Protective eyewear use is specified in writing? Emergency phone numbers posted and known by all? Face shield available for bulk liquid tasks? Grinding? Emergency eyewash and/or shower units accessible? Hand protection used/worn as required? First aid kit available at work site?

Foot protection worn as required? First aid trained competent person available?

Hearing protection worn where required? BBP kit available/BBP trained individual on site?

Hard hats worn when falling object hazard is present? Fire extinguishers readily available (not blocked)?

Supplies on hand for incidental chemical spills? Fire extinguishers inspected monthly/yearly as needed?

ELECTRICAL SAFTEY ISSUES ELECTRICAL SAFETY ISSUES

GFCI’s used for all portable electrical hand tools? Strain relief integrity for cords and plugs in tact? Extension cords rated for hard or extra hard usage? (2 wire ribbon cord is unacceptable for industrial usage)

For extension cords; hard usage cord includes three wire cord marked = S, ST, SO, STO, SJ, SJO, SJT + SJTO

Certified or listed equipment is used per manufacturer? Electrical cords inspected & have all prongs in tact?

Electrical panels are labeled appropriately? Strain relief in tact for all flexible cords & plug fittings?

Electrical panel knockouts are in place? Portable generators are grounded per NEC requirements?

Light bulbs for illumination protected from breakage? Electric power tools are double insulated or grounded?

CONSTRUCTION SAFETY & HEALTH ISSUES CONSTRUCTION SAFETY & HEALTH ISSUES

General housekeeping is neat and orderly? Flammable liquids are in OSHA/FM metal safety cans? MSDS openly available to all employees? Flammable liquids storage containers labeled properly?

Concrete work? Silica dust training documented for all? Fire extinguisher readily available, accessible + inspected?

All hazardous containers labeled appropriately? Impact style air tools have safety clips or retainers on them?

Lockout/Tagout is being used for appropriate tasks? Pneumatic power tools have hoses secured?

Hot work permits used for grinding, cutting, welding? Compressed air used for cleaning limited to 30 psi ?

Confined space entry work? Check training/permit/etc. Compressed gas cylinders not in use have caps in place?

Copy the completed inspection sheet to:

If marked"U" for unacceptable or no; list the appropriate corrective action on the next page


Compressed gas cylinders stored secured + upright? Wall openings + floor holes are covered or guarded?

Oxygen/acetylene torch units have flash back arrestors? 100% fall protection in place above 6 feet in height?

Grinders (portable + stationary) have guards in place? Employees operating lifts are trained on the equipment?

Stationary grinding wheel tool rest is 1/8 inch or less? Fall protect. full body harness+ lanyard used at all times? Stationary grinding wheel tongue guard is ¼ inch or less? Excavation? Ladders used > 4 feet deep? Extend 3 feet?

Grinders are inspected, ring tested + free of defects? Excavation? Protection from cave-ins for >5 feet deep?

Safety glasses + face shield used for grinding tasks? Rebar caps used for protruding reinforced steel posts?


Ladders are safe and inspected as appropriate? Portable circular saws equipped with protective guards?

Stair rails = req’d at 30” change in elevation or 4 risers? Unsafe hand tools are prohibited?

Stairs or ladder provided for access points > 19” high? Impact tools, hammers kept free of splinters/mushrooms?

Extension + straight ladders extend 3’ beyond landing? Wire rope used for lifting? Deterioration is absent?

Stepladder or commercial stepstool used for high access? Web slings used for lifting? Deterioration is absent?

Step ladders are only used in open position? Crane use? Written lift plan on file listing load capacities?

Scaffolding = guardrails used? competent person on site? Hooks used for lifting have safety latch in place?

CORRECTIVE ACTION PLAN LIST ITEM, THE PERSON RESPONSIBLE AND EXPECTED COMPLETION DATE !

ACTION ITEM PERSON (S)

RESPONSIBLE TO BE

DONE BY STATUS

Status column should be marked = either listed as “open”, “in process, or “closed”

Signature of lead inspector:

Note: This construction safety inspection checklist is not designed to supersede existing safety inspection checklists, rather it should be used only as a general guideline. You are encouraged to customize this general guideline to accommodate your specific operations.

Tip 3: Read Up on Hiring Contractors. Nearly every state’s contractor board agency has resources dedicated to helping homeowners understand the construction process. Take advantage of these resources. (see Consumer Video in Louisiana, Consumer Publi-cations in Oregon, Virginia’s Consumer Services)

Tip 4: Condition Payments on Receiving Lien Waivers. Protect yourself against paying twice for the construction work, and from getting liens placed against your home. For each payment you make to the contractor, require lien waivers from the contractor and its subcontractors and suppliers.

For Contractors: Tips to Prepare and Avoid Residential Construction Disputes

Tip 1: Require a Written Contract. Get your agreement with the homeowner in writing. If it’s not in writing, you can easily find yourself in a disagreement about the agreement. Plus, many states require contracts be in writing. Breaking these state’s laws can result in penalties, fines, or the nullity of your agreement (depending where you are).

Tip 2: Understand Your Obligations. Unfortunately for residential contractors, there are a maze of requirements when performing work on a residential project. It doesn’t matter whether your just installing a new HVAC system or remodeling the kitchen, or if you’re building a residence from scratch – consumer protection statutes are abound in residential construction, and it’s your job to know them and know them well.

Most consumer protection statutes require some sort of pre-contracting notice get delivered to the homeowner. Understand what notices are required in your state, and fulfill them.

If you fail to furnish the notice, you may run afoul of consumer protection laws which subject you to penalties, damages, and the loss of lien rights.

Tip 3: Take Lots of Photos and Be Organized. From the start of the job, through the prog-ress of work, and at completion – take lots of photos, make notes, keep a work log, and do other things to organize your work and document what you’ve done. You may need it…even before you think you need it.

Tip 4: Consult an attorney.

Preparing For and Avoiding Residential Construction Disputes: For Homeowners and Contractors

Continued from Page 10

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Contractors Contact Sample