Mandatory Arbitration is the worst clause a consumer can agree to as it strips them of their rights to a jury of their peers. And it’s no surprise that Construction arbitration firms were either created by or with the help of major homebuilder associations, causing an immediate conflict of interest. I found an article on this subject that is a must read for any one entering into a contract to either renovate or build a home:
Home builders Stack Deck Against Buyers With Arbitration: New Report shines light on unscrupulous practices
Also, construction defects are beginning to rear it’s ugly head around the nations a a result of the building frenzy in the late 90’s and 2000.
I can't agree more with what Jody said in this post. From personal experience I'd like to offer some examples of how work portfolio reviews (references) can be misleading.
First, there are three reasons why most people visit a contractor's reference/work portfolio: 1)gather information on the owner's perception of the quality of the work, 2)gather in formation on your perception of the quality of the work, and 3)gather information on the owner's perception of the contractor's visible, non-technical skills (work ethic, interraction behavior, integrity, fairness, cleanliness, courtesy, neatness, etc).
Starting with 1, when owners see finish work that meets their expectation they believe the contractor did a great job, and this may well be the case. However, keep in mind that some contractors do great finish work at the expense of hidden electrical, plumbing, mechanical, structural or envelope (roofing, siding, etc.) work. Owners who do not have the technical skills to recognize deficiencies and do not look for them may not know about them for weeks, months or years after the project is done.
So, what might this look like? The possibilities are endless, but here are some examples. Exterior house wrapping incorrectly overlapped will show up in the form of devious moisture problems sometime in the future. Undersized headers or girders will show up as sagging sometime in the future. Inadequate tile floor substrates will show up as cracking tile sometime in the future. Incorrect roof flashing and valleys will show up as roof leaks. This may happen only in heavy storms or only when a storm blows from a certain direction. The contractor could be long gone and will certainly blame it something other than his work.
The best remedy to avoid these problems is for the homeowner to recognize the deficiency as it is being installed. Unfortunately, few homeowners have the skill to know if roof flashing, tile floor substrates and structural supports are correct.
Be aware that it is unlikely that the homeowner will have an accurate perception of the "hidden" parts of a contractor's work (described above) unless they are skilled contracting and present in the execution.
The second item, gathering information on your perception of the contractor's work is not much different than the homeowners. Hidden defects that are not yet "showing" can he hard for even the most skilled constructor to detect. A beautiful tile floor might not crack for weeks after you leave. Incorrect flashing might not show up until the next Noreaster arrives. Unless you are an expert in detecting hidden deficiencies it's best to be cautious about the appearance of finish work. Visiting jobs that are several years old might help with this, but there are no guaranties.
Finally, the third reason to visit a contractor's work: to gather information on the owner's perception of the contractor's visible, non-technical skills. This is probably the most reliable piece of information a contractor's past customer can offer. However, I see great contractors that ocassionally have a bad projet and not so great contractors that have very happy customers. There's also that occassional customer who's their own worst enemy and who won't be pleased with any contractor.
There's nothing wrong with visiting a contractor's work portfolio as long as you understand the limitation.
Mark
Hi, I would like to throw something in if I may. I am a carpenter who has built and remodeled homes for about 9 years. I am currently in school with the goal of being granted the "B" general contractors license. I have also had the opportunity to have worked with an amazing general contractor for a number of years. I have a few suggestions that might help folks who are looking for a contractor.
1. The contractor I worked for would ALWAYS take serious prospective clients on tours of at least 3 homes he had built WITH THE PREVIOUS CLIENTS PRESENT. Ask your contractor to do this, talk to the homeowners. Ask to see at least one home that is MORE THAN FIVE YEARS OLD. If your contractor will not do this, kick him to the curb.
2. Ask your prime contractor for a list of their subs, then call the subs and find out how they feel they have been treated. The way a general treats their subs is very telling telling of how you will be treated.
3. Ask your contractor if he/she will show you the specifics of their credit account at the local materials supply yard. What your trying to figure out is does this person think its IMPORTANT to pay their bills ON TIME.
4. I'm just throwing this one in too. I don't actually know if you can do this, but if you can, run a credit check on your contractor. The guy who puts off paying what he owes for too long is the same guy who won't show up when he should.
I have to say flat out as a homebuilder myself, if you're going to let me have from 7 to 12 percent of the 400,000 home you want built, You are one of the most important people in the world to me. And I would happily do all of the things above and more to make you feel comfortable. Remember all construction projects have their problems, I've never been on one that hasn't. You're contractor isn't going to be perfect. But by doing the things above you find out about his relationships with his clients and how hard he tries to do a good job and go the extra mile for you.
It is absolutely true that is a dearth of skill in this department and a lot of slapdash shoddy work done often.It is better to know the basics to get work done as well.
This was a very interesting article. Of course you should check a contractors work portfolio before hiring. Roofing, building, and remodeling all require a lot of research for the best contractor. Hope to see more of your posts.
you made many good points. thanks for the good article. lighting gal
What terrific tips! I absolutely love your blog!