By Deb Miller - West Virginia Senior Legal Aid Contributor
Looking at the big mess that was supposed to be his new deck, Barry wondered how it had all gone wrong.
The contractor had been a good salesman but he and his crew were not good carpenters. Barry could sue that company, but he knew it would be difficult. Many fly-by-night contractors are hard to find after the job and are often judgment proof .
The many knowledgeable and conscientious contractors working in West Virginia are appreciated for their skills, but the bad apples are not interested in making your job turn out as expected. They’re only interested in taking your money.
Avoiding the hiring of a bad contractor in the first place would have been the best thing for Barry to do. Word of mouth recommendations for recent work is one of the most important aspects of such a project. He regretted not asking others at church or social events about good contractors and ones to avoid.
Also, asking the contractor for references and whether he could see other finished projects in person would have helped. Photos of jobs or pages on a website can be misleading (or even someone else’s work).
Barry may have had to wait longer for a top-notch contractor to start work, but it likely would have been done right the first time.
Be aware that small jobs are often not a priority for busy contractors, making them fertile ground for bad contractors. Contractors generally make a bigger profit on bigger jobs. The size of the job can make it more difficult to find a quality contractor. For that reason, many unscrupulous contractors focus on small project work that is less popular.
West Virginia’s testing of contractors is rigorous. Check on a contractor’s state license by calling (304) 558-7890. An online search for licensed contractors is available at http://www.wvlabor.com/new_searches/contractor_search_new.cfm.
When discussing a job with a contractor, also ask for his or her liability insurance and workers compensation insurance (if they have others working for them). If they don’t have them, ask why. Those coverages protect against things that go wrong and shield you, the consumer, from big-money lawsuits on liability issues and hassles.
The contract should list all specific work to be done and be signed by both parties. Barry didn’t get one. If just a verbal contract is suggested to speed things up and it is an expensive job, insist on a written contract before any work starts or material is purchased.
If you are asked to make an advance payment for the materials, that tells you something about the contractor’s cash flow. Often, reputable contractors will give you a list of what’s needed and request that you buy the materials from the supplier you want. You know what you’re getting that way. Others include the materials in the bill as they go because they can buy them on their credit account at the supplier.
Inspect the work as it is being done or have someone experienced in construction help you. Ask questions and take photos of the work. Don’t take it for granted that everything is being done correctly.
Stick to the plan. If the contractor says, “While I’m here, I could do x, y, and z,” that could be an expensive come-on. Don’t approve extra jobs until you’ve seen the quality of the contractor’s work. Consult with someone who is knowledgeable about the necessity for the extras.
When payment is discussed, make it clear that you will not pay the final amount until all of the work is done completely and as agreed upon. Actually, that term should be included in the contract. Don’t be pressured into paying early, as Barry was.
Also, tough as it was to face the hard facts, Barry realized that at this point in his life he couldn’t afford the costs of employing a good contractor and buying quality materials. Instead, he was now thinking seriously of finding a smaller place, maybe an apartment, with fewer responsibilities and expenses. He would save money in the process and decrease his worries too.
For West Virginians aged 60 and over who have issues with a contractor or other legal matters, contact West Virginia Senior Legal Aid at 800-229-5068 or info@seniorlegalaid.org.
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