When hiring a building contractor, use caution

Summertime is midseason. Homes continue being built, singly and in tract projects, condominiums and apartments.

Why all the construction and renovation?

In the past 60 years, America’s population has doubled from around 145 million to nearly 300 million. During the same period, Maine’s population has increased from 914,000 in 1950 to 1.27 million in 2000, an increase of roughly 39 percent.

New housing stock must be built to accommodate this growth, and existing homes must be upgraded. To meet this need, thousands of building contractors are out there ready, willing and presumably able to meet the residential building needs of Maine’s residents. Unfortunately, there are also poor tradesmen and criminals in the marketplace looking to fleece unsuspecting customers.

Building contractors are unlicensed in Maine. Many other states require licensing of building trades people. California offers nearly 40 different licenses for various building disciplines from landscaping to security systems. While this seems like bureaucratic overkill, perhaps Maine should look at some system of regulating builders and remodelers to improve fairness in the marketplace.

For new or existing homeowners, remember these professionals are called “building contractors.” Therefore, be sure to have a signed contract in place before any work is done. Before signing on the dotted line, you might have a reputable attorney look it over and, as much as possible, know the work history and reputation of the contractor. Word of mouth can be a great resource, as well, in making the proper decision.

According to the Maine Attorney General’s Office Web site (www.maine.gov/ag), repair problems fall into three categories: The work was mostly done and done well, but some details or parts of the work were not done correctly; poor work was done across the board; or the work was never performed at all.

For partially performed work, write a letter (and keep a copy) stating the details of what was done poorly. Ask the contractor to respond to you in writing within 10 days stating how and when he will correct the problems. If you receive no response or the contractor says he is done with your project, consider contacting the local code enforcement officer or gaining opinions from other contractors, and get written estimates on the cost and time to complete your project.

Keep copies of all your paperwork. Take clear and precise photographs of the problems. Keep a written diary detailing timelines of all activities with the project. If your claim is less than $4,500, you may sue the original contractor in small claims court. If the claim is greater, consult with your lawyer.

If the work quality is poor or improper, have a reputable contractor or two place a value on the work performed and the cost of fixing it. Again write to the contractor and demand a return of all or part of your money.

Remember that if the work has been of poor quality, you do not have to let the contractor return to try to fix it. Photo and written documentation will pay dividends if your dispute ends up in court.

When work is not performed and money has been paid in advance and several days beyond the agreement date have elapsed, you may cancel the contract. If your loss is less than $4,500, small claims court may be your best resource for recovery.

Remember that you should always pay as little as possible or nothing in advance of work being done, especially by a contractor unknown or little known to you. If you are not comfortable paying money in advance, perhaps you have the wrong contractor. Exercise caution.

Little can be more rewarding than a professional contractor who not only does a great job on your project, but also comes in under budget and on time. The vast majority of contractors fall in this category.

However, the fly-by-night incompetents and the outright flimflam scammers can and do give this important industry a bad name. Please choose your building or remodeling contractor carefully.

Consumer Forum is a collaboration of the Bangor Daily News and Northeast CONTACT, Maine’s membership-funded nonprofit consumer organization. Individual membership costs $25; business rates start at $125 (0-10 employees). For help and information write: Consumer Forum, Bangor Daily News, P.O. Box 1329, Bangor 04402-1329.