My parents recently had some work done on their kitchen cabinets. They wanted more useable space by adding drawers in cabinets and pantry. The contractor/company they choose came as a referral. The representative came to their house and spoke about all the work he was going to do and how he was going to do it. He wrote out an itemized invoice and estimated of $8,000. Payment was required up-front which is not uncommon but not ideal. The day came to start work and the "experienced" man who had come to do their assessment was on a scheduled vacation and the company sent over the young man who he had been "training." What was supposed to take one day took many days (as write this blog weeks later, it is still not complete). He made a number of mistakes that both gauged out pieces of wood from cabinets or left unsightly scratch marks on surrounding cabinets. The final product was messy at best. In addition to scrapes and gauges, there were 1 inch gaps where there should be none and was noticeable from across the room. I was outraged and tried to get the contractor to understand that to leave the kitchen like this was unacceptable. His response was that he had no liability for unintended mistakes. My parents made a number of mistakes which I am hoping those who read this WON'T in the future.
1) The original referral work was done by the one person and the man who came to work on their kitchen was someone else. They should have insisted on the same person to ensure the same quality work. They should also have checked resources like the Better Business Bureau (http://charlotte.bbb.org) or Angie's List to confirm the contractor is good. One referral is okay but more is better!!
2) Consider negotiating a payment plan. Try not to pay in-full upfront before the job is complete. Offering to pay for materials but not labor until the job is done to your satisfaction is a fair compromise.
3) Don't sign the contract until you have actually read it!! My parents had no idea what was written in the contract and what recourse they had regarding getting the cabinets fixed.
4) The vendors' contract is not written to protect YOU. Make sure you're being protected as well in writing. Don't be afraid to make changes or add clauses. Here are some ideas that may help protect your rights. Ideally the contract will at a minimum:
• Spell out the price for the job along with a payment schedule and a list of which items must be completed before payment is made.
• Include a complete description of the scope of work and the materials to be used.
• Indicate how often the contractor will be at the job.
• Include a clause about what constitutes breach of the contract and what the remedy will be if the contractor breaches.
• Include a detailed description of what constitutes punch list items and how to determine when the punch list is complete in order for final payment to be made.
• Include a provision that will allow you to collect attorney's fees if you have to bring an action against the contractor for breach of contract.
• Include all warranties on covered and non-covered items.
• Define unreasonable delays and what the penalties will be for finishing beyond the estimated completion date. It should also indicate what will occur if the work fails to pass inspection, is in violation of the building code, or is deemed substandard by a third-party inspector.
Please go into any contract work with EYES WIDE OPEN. Be an advocate for yourself. If your contractor is unwilling, don't use him. A reputable contractor should not only be used to your asking to tweak the contract but expecting it.
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