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How to hire a contractor:
We are trying to assist the consumer in understanding how to protect themselves prior to entering into an agreement with a contractor.
What is the definition of the term "Contractor"? con trac tor
Definition: 1: one that contracts or is party to a contract : as a : one that contracts to perform work or provide supplies b : one that contracts to erect buildingsThe first thing is to understand that the term contractor is defined as "one that contracts to perform work or provides supplies." An attorney will advise you that the only agreement that exists between the homeowner and the contractor is the "contract" itself.
Understanding the term contractor can assist in helping you decide on what type of contractor is best for the project you are considering. General contractors are licensed for almost all phases of construction, whereas specialty contractors are licensed for specific trades.
The first stage in hiring a contractor should be to check his license with the Contractors State Licensing Board (Calif), which can be done online very easily. This one step could save you great heartaches that go along with finding out you hired an unlicensed contractor.
The risks involved with hiring an unlicensed contractor can be catastrophic. An individual performing work on your property without a license is considered your employee. As your employee if he is injured on the job you may be at risk for all of his medical bills. If any dispute arises in relationship to the work performed and you pursue legal grounds, you will be found at fault by the courts, for hiring an unlicensed contractor! The government tries to protect us from ourselves; however when we cross the line and hire an unlicensed contractor, the states hands are tied and the fault reverts back to you the homeowner.Follow these basic steps and you will be on your way to having a smooth relationship and successful project completed by a licensed state approved contractor.
- Verify that the contractor you are hiring is operating under the same name and license that he is representing. (Calif)
- Ask to see a current copy of his bond, workers compensation and general liability coverage. (Even a faxed copy will do, just so he knows you are checking).
- Ask for a list of references and verify that photos he is showing you are legitimate projects he was involved in (The best referral to go see is his most recently completed project, and ask the homeowner for the name of the crew that was on the job as this will reflect his current quality of craftsmanship.).
- Make sure that all items discussed in relationship to the project are reflected in the contract to be signed by both parties.
- If drawings or renditions as well as specific product brands are outlined, make sure that they are mentioned in the agreement as a part of the contract.
- Understand that all that exists between you and your contractor is that that is mentioned and referenced on the contract. No verbal agreements or other is considered by the courts to be part of the contract. Remember he is a "contractor" one that contracts work and or supplies. Your agreement is only as clear as the contract you sign.
Recommended Reading:
State of California Publication: What You Should Know Before You Hire a Contractor download PDF file