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To be very honest, the reason for writing this post is because I am a victim of an unscrupulous general contractor who is currently licensed by California State Contractor's Board, operates out of Monrovia California and is continuing to take advantage of consumers.

I am hoping that by sharing my story, you will be able to avoid a similar situation and be smarter in making hiring and payment decisions.

My story begins just like most when I was in the process of getting my house ready for sale.  Prior to putting my San Gabriel home on the market and listing it in our Multiple Listing Service (MLS), I wanted to get it painted inside and out, change out some bathroom fixtures, update handles on kitchen drawers and cabinets, change out some light fixtures and do little things here and there to make the house perfect for the new buyers. 

At the same time, I also had an investment property that I was getting ready to rent out that needed to be updated - interior painting, a new air conditioning unit installed, fixtures, etc.

We were also buying a new home in San Marino and needed to have work done there.

This General Contractor who shall remain nameless, but whose name implies that he is in CONTROL, was awarded all three jobs.

Well... this guy was totally OUT of CONTROL! 

  • There was no oversight at all on 2 of the 3 projects he was hired to manage.
  • Unqualified and unlicensed subcontractors were hired.
  • All deadlines were missed.
  • The delays in these projects ended up costing me a tremendous amount of money due to last minute rescheduling of other service providers and loss of work time between my husband and I.
  • The work that was done was incomplete or sub-standard.
  • Charges were ridiculously inflated because the contractor didn't have time or his computer was down or a zillion of other excuses and didn't put the charges for change orders in writing.  Everything was verbal.
  • I learned how to beg and beg and beg and beg....
  • I was totally at the mercy of this guy given the deadlines that needed to be met and the amount of money that was paid in advance for the work to be performed.
  • Come to find out after getting a payment in full from me, this wonderful god-fearing man who attends church on a regular basis decided not to pay his sub-contractors and opened me up to potential Mechanic's Liens.
  • I am getting various phone calls, packages in the mail and people stopping by my house to check if my contractor received his payment from me.
  • Warranty on items like Air Conditioning unit are not honored because the A/C guy didn't get paid.  UGHHHHHHH

How did I pick this jewel of a contractor?  He was a husband of a friend. 

Lesson #1 - Do NOT hire a friend without checking his references fully!

I've been doing some research to see what steps I could have taken to ensure this didn't happen.  So... here's a list I put together that you can use when you're thinking of hiring a contractor.

  1. Hire only licensed contractors and check their status with California Contractors State License Board at                          1-800-321-2752                   or on-line at www.cslb.ca.gov
  2. Get a minimum of three references.  Go out and take a look physically at thier past work.
  3. Get at least three bids.
  4. Get a written contract and don't sign anything until you completely understand the terms.
  5. Never pay more than 10% down or $1,000 whichever is less.
  6. Don't let your payments get ahead of their work.  Keep records of payments.
  7. Don't make a final payment until you're satisfied with the job.
  8. Don't pay cash.
  9. Keep a job file of all papers relating to your project.

To avoid Mechanic's Liens filed against your property, Contractors State License Board suggests the following:

  1. Make sure your contractor hires only licensed subcontractors, and check their licenses, too
  2. Check up on your prime contractors reputation for payment and lawsuits at the local courthouse, suppliers, and subcontractors;
  3. Get a list of all subcontractors, laborers, and materials suppliers to be used by your prime contractor.
  4. The simplest way to prevent liens is to pay with joint checks.
  • Compare the contractor's bill for materials or labor, compare it to the schedule of payments in your contract and the Preliminary 20-Day Notices
  • Make sure that work was done as described
  • Make out the check to both the contractor and the supplier, or subcontractor.
  • Both parties will have to endorse the check, which will ensure that the subcontractors and suppliers get paid.

And, finally:

  1. Before making final payment, make sure that you get a signed conditional release from all possible lien claimants.  You can download a copy of a lien release here.
  2. After you pay, the contractor should get you an unconditional release signed by each of the claimants paid for the portion of the work being released. Make sure that the actual claimant signs the unconditional release.

    By law, you may withhold the next payment until you get the unconditional releases for the previous payment.

  3. File a Notice of Completion with the County Recorder's office after work is completed, you can reduce the amount of time a contractor, subcontractor or supplier has to record a claim.

    This Notice reduces the amount of time a contractor has to record a mechanic's lien from 90 to 60 days, and reduces the time a subcontractor or materials supplier has to record a mechanic's lien from 90 days to 30 days.

    The Notice of Completion form may be obtained through your County Recorder's office or a stationary or office supply store that stock legal forms.

Good luck in hiring a contractor and please follow the steps outlined above to save yourself a lot of aggravation and headaches.

Posted By: Irina Netchaev - Pasadena California Real Estate Agent - Irina Netchaev & Associates.  Irina and her Team of Real Estate experts work in the beautiful Keller Williams Realty in Pasadena California specializing in Pasadena Real Estate, San Marino Real Estate, South Pasadena Real Estate, San Gabriel Real Estate, Altadena Real Estate, Alhambra Real Estate, Monterey Hills Real Estate, Arcadia Real Estate, Sierra Madre Real Estate and surrounding communities.

                                                  (626) 204-3340                             

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63 Comments on How to Avoid Getting Scammed by a Contractor: Tips and Suggestions

JUL
12
2008

Excellent advice. I'm going to save this one for future reference.  Thanks. Veronica

1:54pm • #1
381,316 Points Outside Blog

Great Blog- Keep -em coming!

Everyone should bookmark this blog.

Have a great weekend

Bill

1:55pm • #2

I feel for you, I was scammed by the excavator on my remodel, that was 5 years ago and we are still finding things that he did not do. I did not pay him all of the money owed and he threatened court, I told him that I wish he would take me to court so the world would know what kind of work he does not do. He dropped it.

1:57pm • #3

Irina,

Thanks for the blog...some good advice...sorry about your bad experience.

Todd

2:31pm • #4
131,957 Points 1 Featured Post Called Shot Master

It's horrible what is happening!    And I think you should name names! 

As a Realtor over 20 years, I am still amazed at how scoundrels get away with committing fraud. 

I created a group to report these type of abuse: Real Estate Fraud, Scams and Ponzi schemes REPORT THEM HERE  http://activerain.com/groups/FraudAlert

Please feel free to post any fraud you uncover!

Thanks for sharing your story!

<><><><><><><><><><><><><><><><><><><><><><><><><><><><><><><> 

For a free list of Bank Owned and Government Owned Properties

visit my website: www.ReoLicensedSpecialist.com

2:35pm • #5
168,640 Points 10 Featured Posts Outside Blog

Veronica, thanks.  Just some easy to follow guidelines.  I especially like the one about paying with a joint check.  That one would have saved me a lot of headaches!

2:36pm • #6
168,640 Points 10 Featured Posts Outside Blog

Bill, thanks for your kind words!

2:37pm • #7
168,640 Points 10 Featured Posts Outside Blog

Ray, I wonder if you can take him to small claims court.  I am going to try to do it with this guy to get him to at least pay some of the subs.  The amount in California that you can go after in small claims is only $7,500 - not even close to what he owes!  UGH!

2:38pm • #8
168,640 Points 10 Featured Posts Outside Blog

Todd, thanks for commiserating!

2:39pm • #9
168,640 Points 10 Featured Posts Outside Blog

Aida, great idea for the group.  Just joined and will add this post to it.  I'd love to name names.  Anyone who is thinking of hiring a contractor who works in Monrovia, CA should send me a quick email and I'd be happy to tell them who I dealt with. 

You can not even imagine the turmoil that this guy caused and the effect it had on my family and work.  UGH!

2:42pm • #10
848,742 Points 153 Featured Posts Localism Sponsor Outside Blog Hit Router Attended Rain Camp Called Shot Master

Irina, I just read this on your other blog. Hey, do you always post there first ? Just asking. Three bids is a great idea. I had a client get three bids for painting and they were ALL over the place. Guess it depended on who was busy.

3:42pm • #11
349,551 Points 7 Featured Posts Localism Sponsor Outside Blog Hit Router Attended Rain Camp

This is a great post, and so true.

I have worked with a lot if contractors, and they are all different.

Some they i did check out and thought were good, actually turned out horrible and others "no name one" were just great.

Anne

 

4:29pm • #12
Outside Blog

This guy who is in such control has great testimonials on his website, looks like a total pro (I'm pretty sure I found it).  How were you to know really?  I'm sorry for your troubles and appreciate the advice on how to handle future deals with contractors.

4:37pm • #13

Excellent advice Veronica. I'll bookmark your page for future reference.

Michael Carter, Realtor

421 SE Main Street, Suite 201

Simpsonville, SC 29681

www.beachboyrealestate.com

4:57pm • #14

Great blog, you should give classes...too bad the experience was yours!

Friends and relatives!

5:26pm • #15
3 Featured Posts

   Irina,  I wish your predicament was an isolated incident but it is not.  There are some good (even great) contractors out there, but the problem is that they are usually booked up to a year or more in advance. What then happens is the public usually asks a friend for a name and here you go, just happy that someone says they can "do it" now.  Has happened to agents, friends and even a few clients over the years.  What is really sad is that the state allows them to continue working even after complaints and lawsuits are pending..

5:27pm • #16

Irina - Good info as I am ready to do bathroom work, paint and fixing the outside wall. 

5:39pm • #17
1,304,461 Points 314 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Irina - been there, done that too on a house back east. The guy just stopped showing up and no more work got done despite numerous calls (it was a second home so we were not around much). Changed the door locks (just in case) and hired someone we knew who lived near our primary home and who was willing to travel. Best decision we ever made.  Sorry to hear of your trials and tribulations but these are some great suggestions.

Jeff

6:15pm • #18
102,914 Points

Hey Irina,

That is some really good information! Keep on bringing on these good blogs.

Take care!

RJH

6:19pm • #19
294,624 Points 1 Featured Post

That was some really great information. I have had experiences like this as well, its especially bad when it is someone "we" recommend.

6:50pm • #20
186,349 Points 2 Featured Posts Called Shot Master

That is good advice. You may save some people the pain and expense you have gone through.

6:52pm • #21
622,286 Points 21 Featured Posts Outside Blog

Great tips sorry you got scammed by the contractor.  My he get his soon  

7:32pm • #22

good tips! have a great weekend everyone!

7:56pm • #23
168,640 Points 10 Featured Posts Outside Blog

Missy, yes... found that out the hard way!  Answered your other question via email.

Anne, you just never know.  One of the things that I did find out is that the contractors board doesn't really provide a lot of information.  Just whether or not the license is active or is in good standing.  A contractor can have complaints against him, but we would never know.

David & Lisa, yes he does... you probably id'd the right one! UGH!

Michael, thanks!

 

7:58pm • #24
275,652 Points 19 Featured Posts Outside Blog Called Shot Master

Irina: I am so sorry you had/are having this problem. I would add to your list: Ask to see the job the contractor is currently working on. Sometimes contractors will only give out the names of past clients with whom they had a good relationship. The contractor may currently be facing money problems, divorce, foreclosure, etc. and is using money from current jobs to pay for past work or personal debts. You may be able to suss that out by going to his current job.

Also, I believe in the State of CA, any one who is doing the work of a licensed contractor (or sub-contractor), but is not licensed has no legal recourse if they do not get paid. So, sad as it is that he did not pay his subs, they cannot file a mechanic's lien against you if they were not licensed. They can be fined and face jail time though.

This is taken from the Contractors State Licensing Board web site:

It is illegal for an unlicensed person to perform contracting work on any project valued at $500 or more in labor and materials. Besides being illegal, unlicensed contractors lack accountability and have a high rate of involvement in construction scams. They also are unfair competition for licensed contractors who operate with bonds, insurance and other responsible business practices.

If you need the names of some reliable contractors & subs, let me know.

8:03pm • #25
168,640 Points 10 Featured Posts Outside Blog

Cathy & Gary, if I can save someone the heartache, I'd give classes  as well.

Kim, exactly!  The state doesn't really do anything to protect the consumer.  I think following their advice can help avoid some of the issues, but boy... the state doesn't really care much!

Ellie, good luck!  Sounds like quite a project!

Jeff, when does this ever stop?  And, why do these people get away with acting like that? Thanks!

8:03pm • #26
168,640 Points 10 Featured Posts Outside Blog

RJH, thanks!

Mike, yes... have to be so careful especially when recommending to others.

Wayne, I hope so!

Russ, what goes around, comes around.

8:06pm • #27
749,841 Points 99 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Irina, I just HATE to hear stories like this.  I was a general contractor for over 33 years before I became a home inspector and if I had to operate without funds in advance the projects would not have happened.  The way I figured it was why should I work on someone's home with my own money or worse yet borrow the money to do it (and of course that cost would have to get passed on to the consumer).  I never did a job without a very large start up amount and would always get paid in advance again as each phase was completed.  Never once did I have a problem with this approach and I never had a client that refused this arrangement or was unhappy later.  Of course I never in that 33 years advertised and all jobs came word of mouth.  Most of the world just can't seem to function that way.  I feel extremely lucky.

8:06pm • #28
168,640 Points 10 Featured Posts Outside Blog

Daniel, you too!

Michelle,

Excellent suggestion!  VISIT EXISTING JOB SITES and TALK WITH THE CURRENT CLIENTS NOT JUST THE PAST ONES!!!!

It's an interesting point about unlicensed subs. 

I'm in the process of writing a complaint to the State Contractors board and will be curious to see if they even care that this guy hired a unlicensed subcontractor.  Isn't that why I hire a general contractor to ensure that he only hires licensed, qualified labor?

Thanks for offering to share names of reliable contractors!

 

8:11pm • #29
168,640 Points 10 Featured Posts Outside Blog

Hey Charles, where were you when I needed you?  I never doubted that my contractor would do what he said he was going to do.  I paid him on time with a nice advance.  Never in a million years, would I have thought to question whether or not he would pay his subs or whether he would hire licensed people.  I expected professionalism and given him my trust.  To make it worse, I didn't think to question because this person was my friend's husband.  Who would have thought that people run their businesses like that screwing others over.  I don't know how he can sleep at night.

8:23pm • #30
Attended Rain Camp

I am sorry to hear about your experience. Great advice for anyone looking for a contractor. I have had my share as well. I think I finally found 2 contractors that I can refer my clients to.

8:54pm • #31
980,970 Points 81 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Very important post. I am not sure three bids would guarantee anything. You get three bids and it is tempting to go with the least expensive but you really do not know what you are getting.

With a small job, your advice is absolutely a must. With a big job like yours I think it would make a lot of sense to have the attorney work on the contract. They know these things and they have the way to structure the contracts. Not really expensive.  

Успехов в будущем!

 

9:01pm • #32
168,640 Points 10 Featured Posts Outside Blog

Jon, interesting perspective on bids... human nature and all!  I also didn't think about getting an attorney involved. 

BTW, how did you get the Russian bit on there?  Very cool!

9:28pm • #33
168,640 Points 10 Featured Posts Outside Blog

Jamie, finding contractors that you can rely on is a BIG deal!  Congrats!

9:29pm • #34
494,048 Points 15 Featured Posts Localism Sponsor Outside Blog

Hi Irina,

Great info for anyone. It seems like we all lean from difficult experiences, thanks for sharing yours.

Congrats on your feature!

10:54pm • #35
275,652 Points 19 Featured Posts Outside Blog Called Shot Master

Irina: Here is the section in the Contractors Licensing Board info about unlicensed contractors:

Plus, if you contract without a license consumers don't have to pay you for your work. You don't have a right to sue them in court for work you weren't legally able to perform.

It can be found here: http://www.cslb.ca.gov/Journeymen/JourneymenUnlicensedConsequences.asp

I'm not sure how this would apply to your situation. You should talk to a RE attorney. I have one of those too:-))

11:37pm • #36
873,562 Points 35 Featured Posts Localism Sponsor Outside Blog

Irina, While interviewing contractors recently I asked about the "crew." How many people and how long the job would take...and never thought to ask if the subcontractors are licenses....I doubt they are!  Thank you for the advice.

11:59pm • #37
JUL
13
2008
244,910 Points 56 Featured Posts Localism Sponsor Outside Blog

Irina, so sorry to hear that you had to go through all that. It's a very expensive lesson that a lot of people learn the hard way from. There are so many people out there that have no idea that the contractor that is hired, hires subcontractors and if they aren't paid, a lien can be placed on their property. It's a nightmare when it happens so I'm very sorry that it happened to you...by the way...

That's some friend!

1:07am • #38
801,306 Points 35 Featured Posts Outside Blog Called Shot Master

Hi Irina...

 Good to see you again and soooo sorry for you"pain" we are fortunate in that my husband has a trade background and when we built and designed our home in some instances we did not hire the people we knew...not because of the quality of the work...but becuz it is easier to put off a friend who will "understand" that he has other things to do, places to go...and he'd get to our job...sometime. It can be hard and expensive to learn all this stuff...great post. Talk to you soon I hope.

6:23am • #39
848,742 Points 153 Featured Posts Localism Sponsor Outside Blog Hit Router Attended Rain Camp Called Shot Master

Ok, I see how you do it, link to your about page. Very cool !

7:50am • #40
446,211 Points 59 Featured Posts Localism Sponsor Attended Rain Camp

Lesson 1 needs to be DO NOT PAY IN ADVANCE!

If your contractor needs your money to operate on that should be a HUGE red flag.

11:58am • #41
219,587 Points Outside Blog

Life is too short for contractor problems, they are the worst kind! Thanks for the tips. I always make them sign my own paperwork. AIA.org  (American Institute of Architects) has the best, legally binding I have ever seen. $20 bucks online. I used to be a contractor, I know. Been there from subs not performing.

2:06pm • #42
168,640 Points 10 Featured Posts Outside Blog

Lynda, thanks!

Michelle, you are very resourceful.   :-)

Carole, glad this may help!

Gena, it's way too complicated to keep up.  We hire Gen. Contractors to help us through all this stuff and if they decide to take advantage, we're at their mercy.  That's why, following guidelines and incorporating some of the tips in the post and in the comments will help.  Thanks for stopping by!

Sally, great to hear from you!

Missy, :-)

Jim, great point!

David, I'll check this out... great tip!

2:25pm • #43
106,017 Points

Hi Irina - This was a really helpful post.  You need to add one more point:

CHECK THAT THE CONTRACTOR CARRIES ADEQUATE INSURANCE.  Check that his subs carry insurance and that they carry workman's comp as appropriate.  You want to make sure that the contractor is insured in case of damages to your property and if someone is hurt while working on your property.

Btw, if your contractor's insurors find out that he was using uninsured subs, (which is likely if they are unlicensed) at a minimum it will cost him a lot of money, and they may pull his policy all together.

9:04pm • #44
146,174 Points Called Shot Master

I am sorry that this has happened to you and thank you for sharing with us here on AR, the steps we need to take so we can avoid this type of scam.

This is a very helpful post!  Thank you again!

11:46pm • #45
JUL
14
2008
139,824 Points Localism Sponsor

Great post Irina, thanks for sharing.

You have a lot of great information. Hopefully we can all learn something from this.

12:48pm • #46

Irina - great information here! We wish that everyone understood the implications of having work done to their home or commercial building. Contractors MUST do the right thing at all times to be in integrity and satisfy the laws, as well as the needs of the consumers.

1:35pm • #47
168,640 Points 10 Featured Posts Outside Blog

Margaret, excellent point about adequate insurance.  It'll be interesting to see if this guy's insurance carrier drops him.  They just sent me a letter asking for some information since one of the subs filed a claim against him for lack of payment. 

Lorinda & Eric, thanks!

Jim, I couldn't agree more.  I don't understand how some of them get away with this.  As a plumber, I'm sure that this is a sensitive issue since behavior of one affects our perception of others.  Just like in any other industry.  Thanks!

2:13pm • #48
226,920 Points 2 Featured Posts Outside Blog Attended Rain Camp

Irina - this is fantastic that you can learn from your mistakes and pass this fabulous information along to others in your community and in other communities all over the Unites States.

Katrina Madewell

4:54pm • #49
116,009 Points

Doing a couple of projects you learn alot of things along the way.  Two things we now do when hiring a contractor:
1. Make sure you get a copy of his liabilty insurance and workmens compenstaion certificate.
2.  Run a credit report on him or have him provide you one. Some contractors, even legitimate ones will balk at this. Fine, move on to the one who has nothing to hide!

5:36pm • #50
168,640 Points 10 Featured Posts Outside Blog

Katrina, long time no talk!  Good to see you here!

James, wow!  Credit report... whan an excellent suggestion!

5:56pm • #51

Thanks for the post.  As a designer that frequently works with both homeowners and contractors I have also found that a date of completion is also necessary.  The contractor always begins by baulking at this, but once you ask him to move it out in case of delays (that always happen) they will give you a reasonable date.  I have seen homeowners six months past completion dates without a date in the contract and it is a costly clause to miss.

7:09pm • #52
168,640 Points 10 Featured Posts Outside Blog

Anonymous, how do you handle the completion date?  Do you ask for a completion date in the contract and attach a penalty if the date is not met?  Or, do you ask for a completion date for the purposes of Mechanic's Lien avoidance?  Thanks!

10:07pm • #53
345,272 Points 4 Featured Posts Localism Sponsor Outside Blog Hit Router Called Shot Master

Workers Comp and Liability Insurance - make sure they have them and you aren't liable for any of their workers or subs!  Major problem if someone gets hurt on your property and the "builder" isn't properly covered.

11:07pm • #54
JUL
19
2008
329,806 Points 30 Featured Posts Localism Sponsor Outside Blog

great stuff in this one Irina. we've got only one guy up here we trust, and he's the real thing. returns phone calls, comes in on time, doesn't change the bid. what a concept.

hope you've been well.

 

9:44pm • #55
JUL
22
2008
4 Featured Posts

Irina...

Great post.  I may post something similar with respect to checking on Oregon builders.  Would you mind that?  We are in the middle of building a new home.  So, I would love to help others out with avoiding the common pitfalls.  :)

12:00pm • #56
168,640 Points 10 Featured Posts Outside Blog

Sarah, of course... feel free to use.  A link back to the original post will be appreciated - http://www.pasadenacarealestatehomes.com/general-contractors-how-to-avoid-getting-scammed-by-one

 

12:07pm • #57
4 Featured Posts

Thanks, Irina.  I will certainly link back.  As you know...it is all about the love!  :)  Have a terrific day!

1:25pm • #58
JUL
24
2008
498,025 Points 8 Featured Posts Localism Sponsor Outside Blog Called Shot Master

Irina - I am sorry about your experience with your contractor, however this is excellent information to provide to someone considering a remodel. A remodel or new construction can cause unbelievable stress. I had a similar experience with someone I would NEVER  use or recommend.

2:32pm • #59
JUL
27
2008
1 Featured Post

Thanks for the post, you gave some relly great advice and tips.

Have A Great Day

8:59pm • #60
JUL
29
2008

Working with family who squeezes you in is the worst! I also used my brother to finish my basemnt to help him out. I got just what I anticipated... A laundry list of things that still need to be finished - by me. Never again.

11:21pm • #61
168,640 Points 10 Featured Posts Outside Blog

Hi Amanda, I feel horrible for you.  Well... it's a lesson learned. 

Doris, you are more than welcome!

Sharon, thanks for commiserating with me.  :-)

11:34pm • #62
JUL
30
2008

Thank you for sharing this information.  What a terrible experience, I hope we all learn from it.  Were you talking about laws in California only?  Lucille Noble (Weichert Dunhill Group Real Estate)

7:34pm • #63

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