When home improvements go wrong, develop smart strategy

The wonderful Bangor Garden Show has just concluded, mud season is here, and it’s time to clean up the yard, getting out the rake again as a new season unfolds. There are no excuses now for the local sports fans. NCAA basketball’s March Madness is over and our magnificent UMaine hockey team will have to try again for the top of the Frozen Four next year. Go Blue!

It’s time for home construction projects, particularly outside ones that Old Man Winter tends to thwart here in the Northeast. Maybe it’s replacing the roof, repaving the driveway, fixing the siding, making an addition or installing a pool.

Many Mainers will put their projects in the hands of a contractor, hoping that the high-quality home improvement they have envisioned will become a reality. While there are many skilled contractors in our area with high integrity, far too often homeowners do not get what they pay for.

It’s wise to seek help or at least advice when hunting for contractors.

The Maine attorney general’s Web page is directly available at www.maine.gov/ag. You can also link to it from the Frequently Asked Questions section of Northeast Contact’s Web page, www.nc4betterbiz.org. This site provides a lot of good information and guidance about business interactions with contractors, in more detail than this column allows.

Home repair problems fall into three main areas: The work is generally done well, but there are some parts that were done poorly or not at all; the work was done poorly or incorrectly in all aspects; or the work was not done at all. The attorney general’s Web page states that a person who is not the original purchaser of the home may still have express or implied warranty claims or rights, or an unfair trade practice claim against the original builder or supplier.

In all cases, when you are displeased with the way the project turned out, a written letter to the contractor stating, as clearly as possible, the exact problems with the work is highly recommended. Ask the contractor to respond to you in writing within 10 days, telling you when the work will be completed or corrected. A reasonable period to expect corrections or completion is 10 to 30 days. Be sure to keep copies of all contracts, changes of work orders, bills, checks and other documentation, as well as copies of all correspondence to and from the contractor or related parties.

If the contractor is unresponsive to your letter or communicates that they are done with the project, you are free to seek help from other sources to finish the work. You are also free to sue the contractor for damages, if necessary. Try to build your case with an independent opinion of the quality of work and try to get that opinion in writing. Your local code enforcement officer is a logical first choice for opinions from other contractors. Take detailed photographs of the work and construct a written timeline of what happened in the project step by step.

Remember that your best protection against unfinished work or an unpaid subcontractor is a “completion bond,” which is available to upstanding contractors and is affordable.

If you believe your claim is less than $4,500, you can sue the original contractor in Small Claims Court; if it is more than $4,500, it may be time to consult an attorney.

Another important avenue that is often overlooked is to seek assistance from Northeast Contact. Caseworkers are knowledgeable with construction conflicts and can often successfully mediate disputes between homeowners and contractors before attorneys are called. If the lawyers on both sides are already involved, it will most likely be too late for Contact to provide assistance.

Your home is your castle, and issues surrounding its care and improvement can be very emotional. Removing as much emotion as possible from contractor and homeowner interactions is often the most effective way to achieve successful negotiations.

There are many great contractors out there, but the consumer must take steps to protect his own interests.

Consumer Forum is a collaboration of the Bangor Daily News and Northeast Contact for Better Business Inc., Maine’s membership-funded, nonprofit organization and America’s oldest consumer advocacy agency of its kind, established in 1972. For help, write to Consumer Forum, Bangor Daily News, P.O. Box 1329, Bangor 04402-1329, or e-mail consumerhelp@bangordailynews.net.