The ministry can also file a complaint against the company and request a decision from an administrative judge through the city`s Office of Administrative Procedures and Hearings. After a hearing, an administrative judge can order a company to pay a refund, impose a fine or even revoke the contractor`s license. If the business does not have the resources to pay the homeowner, the Ministry of Consumer Affairs can use its home renovation trust fund to give the homeowner up to $25,000. The fund currently has about $7.5 million, which is made up of fees paid by licensees, Salas said. Merman said she was stunned when a “rotating occupation of workers” showed up at her home and later discovered the contractor wasn`t paying her. After demolishing the bathroom and tearing off the sockets, the workers stopped showing up. And the entrepreneur finally stopped answering his phone after repeatedly promising to restart work “tomorrow.” Nassau County District Attorney Madeline Singas said she would like to bring more charges against the contractors, but the current law makes it difficult because there must be evidence proving that the business owner never intended to quit his job. Roberta Heiden, a homeowner in Marine Park, Brooklyn, has two experiences with the Department of Consumer Affairs. His first case, in 2009, took about a year to resolve through a departmental agency, and the contractor reimbursed him $5,000 for poor work done on an entrance and garage project. Once you know that an entrepreneur is licensed, you should do some research online, but not just read reviews. Check the Better Business Bureau to see if a complaint has been filed there. Search with legal research software like LexisNexis to check if any lawsuits have been or have been filed against the contractor. Possible red flags include an owner suing a business for breach of contract, or a subcontractor seeking a large number of overtime hours or payment arrears.
“It`s heartbreaking,” she said, “because these owners were sacrificed first by the storm and again by their contractor.” Moser`s contractor license was revoked in Suffolk and Nassau counties in 2016. When he was reached by phone, he declined to comment, along with his lawyer Brian A. Trodden de Castro & Trodden in Smithtown, New York, did not respond to calls. So what can a homeowner do to find a good contractor – and there are plenty of hardworking and skilled craftsmen – and avoid a renovation nightmare? James Mansfield, general manager of West Village GC, a Manhattan-based general contractor, said clients should do the same due diligence they would do before investing in a company or mutual fund. “Are you willing to give more than $80,000 or $800,000 to this company?” he said. “Your renovation is an investment in your home, so I`m surprised to see demanding people not asking questions.” David Ramroop, a homeowner in Amityville on Long Island, said he hired Capstone Remodeling, a Smithtown-based contractor, to raise his home in 2015 to comply with federal regulations in the wake of Hurricane Sandy. He paid Capstone about $139,000 for work that was never completed and later learned that the house had not been raised to the right height. In the end, he paid another company to finish the job after months of delay. After receiving recommendations from friends and neighbors who have used contractors in recent years, call the appropriate consumer service or go online to see if these contractors are licensed. Contractors working in the five districts need a license from the city`s department of consumption, while general contractors are licensed by the Ministry of Buildings. But Long Island tinkerers get their licenses from the county, and New Jersey licenses are issued by the state. You can download a standard contract from the American Institute of Architects.
In addition to detailed information about the renovation, the contract must define how the architect, contractor and owner will communicate throughout the project. And finally, “Ask yourself if you can see working with this contractor,” Taddei said, weeks or even months. However, his current dispute with a roofer has tested his patience. Since their complaint was filed in 2015, the ministry`s contractor has not responded, Heiden said, and the case is now in the administrative hearing system. A city official recently told him that it could take the contractor a year to respond to a subpoena, forcing him to wait longer for a possible repayment of the city`s trust fund. Lord. Mansfield, the general contractor, said customers need to play an active role in the renovation process. “There are many valid reasons why the deadline for projects is extended or the price goes up, but if you don`t take the time to hear about it, weeks later you`ll be surprised to wonder what happened and you`ll feel like you`re being exploited,” he said. In Ocean County, New Jersey, an area hit hard by Hurricane Sandy, there have been 65 criminal charges against contractors since the 2012 storm, said Stephen Scaturro, director of the county`s department of consumer affairs. Owners may also try to lay criminal charges or file civil lawsuits against contractors, but it can be difficult to prosecute fraudulent contractors. In recent years, however, there have been criminal charges against contractors accused of defrauding homeowners who attempted to restore homes damaged by Hurricane Sandy in 2012. “I waited three years to solve this problem,” she said.
“Do you think this system is for the consumer? That`s certainly not how it feels. Complaints filed against contractors rank among the top five categories of complaints in New York City year after year, according to the city`s Department of Consumer Affairs. In 2017, 1,116 complaints were filed against contractors and fines of $1.5 million were imposed. No one ever intends to hire an inferior contractor, but it often doesn`t take much for a home renovation project to go wrong. The potential problems are multiple: mistreatment, countless delays and a bill that seems to continue to grow. Or worse, an entrepreneur who takes your money doesn`t finish the job and then disappears. “Don`t pay for something your contractor hasn`t finished,” said Alan Goldman, a homeowner in Niskayuna, New York. If you`re not sure where to start, online services like Sweeten, Bolster, and Homepolish can put you in touch with designers and contractors and even help you manage a renovation.
Long Island residents should call consumer protection offices in Nassau and Suffolk counties during the licensing review. A contractor with a poor track record in one county can easily get a license in the other county and continue working. As the holidays approached and his bathroom was far from over, Dr. Goldman, who had lost about $11,500 at the time, had had enough. In January, he fired the contractor, who was experiencing health problems at the time, admitting he couldn`t complete the renovation. Dr. Goldman said he regretted not having a concise and tailored contract detailing the timing and scope of work with an appropriate payment plan. Once you`ve narrowed down your choices, ask for offers and multiple referrals. Call the references and ask them how they communicated with the contractor about their projects: Were there regular meetings or weekly progress reports? Also, sit down with the contractor to gather information, Taddei suggested. Will the contractor have several renovation projects carried out at the same time? What kind of insurance does he have? Which subcontractors will work on your project? Do the same due diligence for them. When it`s time to create a contract, make sure the contractor needs to transfer all upfront payments to an escrow account, Singer said. This is a way to ensure that the entrepreneur does not use your deposit to pay for their next vacation.
“If you`re nervous about how the contract should be framed, hire a lawyer to review one,” Singer said. “Although we have received some resistance from local builders` associations, we have been aggressive in its application,” he said. “There are a lot of legitimate people out there, so it`s unfortunate that we still see enough unscrupulous entrepreneurs giving the industry a bad reputation.” Of the 1,116 complaints filed against contractors in 2017, 509 were mediated. .
