When you are planning a big home improvement project you are thinking pleasurably of the end result. You foresee it going smoothly to completion. But in the real world, this may not happen. You can't predict what difficulties may arise. And if you have not worked with the contractor before, you don't know how he will handle things. You can't even be sure he is responsible and reliable. Follow these tips to avoid legal problems later on if difficulties happen to arise.
Consult a lawyer before you even begin looking for a contractor. Have him draw up a contract that covers all eventualities, just in case. This should contain a way to resolve conflicts, the quality of materials, insurance and an amount in escrow that is not paid to the contractor until his subcontractors are all paid, the work passes inspection, and you are satisfied with it.
When you choose a contractor and the necessary documents are signed, continue to log the day by day work. Don't get in the way of the workmen, but visit and take note of what is done each day. Take a look at the materials to make sure they correspond to the contract.
Delays are bound to happen. Sometimes they have to wait for an inspector to come before they can continue. But you should not have to pay extra for downtime. It is up to the contractor to see that the work proceeds as smoothly as possible. He needs to make appointments with inspectors ahead of time and order materials so they will be there on time.
Be sure you have a copy of the contractor's insurance certificate and any licenses before he begins work. It is an unfortunate fact that many contractors are less than responsible at times. Many conflicts arise during construction projects. You want to make sure you are covered, no matter what happens. It should be clear that the contractor is liable in case of an accident.
Be sure the contractor places a tarp over the unfinished house if a big storm is expected. A drenching rain can soak the interior wood, causing problems with mold later on.
Make a payment schedule before work begins. The contractor needs to receive regular payments as the work proceeds so he can pay the subcontractors. Make sure he understands and agrees with this schedule, so no disputes arise.
Have a procedure set up to settle any disputes. When a misunderstanding arises, talk it out rationally and calmly. An angry argument will stall the work and may lead to further problems.
Have copies of the warranties on materials that are used, and know how long the warranties last.
Keep a copy of the signed contract and other legal documents in a safe place, such as a safe deposit box.
All this attention to legalities may seem off-putting. You want to be able to trust the contractor who is doing the work. You want to have a friendly relationship with him. But as others have said: "Trust, but verify."