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and Recognition Kasmar Publication, Inc., Design Award for recognition of excellence in design and function
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| How
To Get What You Contracted For By Peter Baccaro, CKD, CBD, President, Baccaro Construction Co., Inc., General Contractor Many homeowners have discovered that improving their present residence with an updated kitchen, or additional bathroom, new windows, or a new roof can be a more prudent investment than purchasing a new home. However, adding a new room or updating a kitchen can cost more than a new car, and consumers should take some time and care in planning a costly home improvement project. How To Get Started If you asked most homeowners how to start planning a project, more often than not, you would get an answer such as, "call a half dozen contractors and try to get three estimates." You might even hear, "I had a friend (or relative) that had some work done. I didn't hear any complaints, so call them." Both are good starts, but this is where most homeowners will stop with the logic, and start with emotion or the wallet. Just getting three estimates, and choosing a contractor will work in some single phase projects, but not more complicated projects such as full remodels and additions. Visit showrooms and meet with designers on their turf. This will give you a feel for the company and an idea of how easily you can communicate with the designer. What are the alternatives? Deciding on a person to design and complete a project is a critical key to the design process. A good beginning is a strong foundation. It will support all the emotions that will eventually come forth. There are times during the project that your excitement and emotions will be very high, and other times when your emotions are at a low point. When reaching the low point it is wise to keep the end of the project in mind. That is why a development schedule which you can track along the way is so important. The first step is to select a designer that will "walk" you through the entire project. From the initial interviews, you can convey your thoughts and ideas. The next choice might be to hire a designer or architect, go through all the design steps, develop a complete set of plans and specifications, then give it to general contractors to bid. This is usually the weak link in the chain. Now you are left with the task of finding the best price, as well as determining who really understands your needs, wants and the project as a whole. You may have spent one to three months with your architect or designer, developing your plans and specifications, only to explain it again to three or four new people, and hope that they understand the physical and emotional reason the plans are the way they are. There are a couple of ways to avoid this scenario. One would be to first interview a few contractors and designers. You want to find a contractor or designer that has all the qualifications to understand your wants and needs, and turn them into a project that is well thought out and full of amenities that can improve your life style. An alternative is to select a designer that may not have the ability to complete the construction of your project, but has the ability to work with your selection of a general contractor. If this is the approach you are comfortable with, it would be wise to select a contractor at the very beginning. Getting references from neighbors, friends, relatives, Better Business Bureau, material suppliers, or local building departments are just a few of the best ways to find names of contractors to interview. The process of selecting a contractor at this time should consist of finding a person you are comfortable with, has good ideas, and is willing to work within your budget. Be sure to call your states licensing board to check if all your contractors are properly licensed, they have workers compensation insurance, liability insurance, and have an established office. There is nothing worse than being at a critical stage of your project, and only being able to contact your contractor through a pager or mobile phone. Your contractor should be willing to work with you and your designer from the very beginning. This will insure continuity of what is selected and the overall look of the completed project. By following this process, the contractor also has a stake in the outcome, he has been there from the beginning and is a part of your improvement. Your contractor is a guest in your home, and should be treated like one. On the other side, he should treat your home as a guest would. It is very important that you select a contractor that realizes your home is not a job site, but in fact your home. The single most important principal of keeping your sanity and getting what you planned on is "Do Not Rush The Process." There are a lot of little parts to a remodel or new building project, and they usually all fit together, sometimes they come together easy, sometimes they do not. Just remember, it is easy to erase on paper, it is not so easy or economical to remove and replace, or worse, settle for less than you really wanted. Make sure you take the time necessary to select all materials, colors, textures, styles, and overall look prior to entering into a contract. Establishing A Budget Just as important as a "wish list" and selecting a professional team to do the work, is your budget. It's possible that what you want does not fit your budget. It is extremely important before you start the design and selection process, to develop a "wish list," and one of the items should be a reasonable budget. This list, along with your budget should be discussed prior to starting any of the designs. There is nothing more disheartening than to spend months designing a project that is beyond your budget. |
Preparing A Budget After you have made all your selections and approved a set of plans, it is time for your contractor to give you pricing. Before asking your contractor to draw up a contract, you should first request a full "bill of materials." This can be drafted in a couple of ways, but my choice is to present it in a logical sequence. This would start with your project from demolition, listing an overview of what is to be removed, and specifying what is to be saved, including the new material to be used by brand names, models numbers, and quantities of your fixtures, counters, flooring, and etc. The cabinets should be written out in a logical sequence, so you can follow along on the plans, including the accessories in each cabinet. This does not mean that the prices should be detailed, only all the pieces of the project. If it is a "fixed price" contract, the individual prices will not help, they just tend to confuse the situation more. Next it seems logical, but in my experience not always the case, to read this document thoroughly, and understand it. That may mean additional drawings to clarify a situation or actually going to view the products, if selections were made from a catalogue. It does not help anyone after the project is complete to say "I did not realize this is the way it was going to look" or "that is not what I wanted!" It is your project, your home and your family - know what you are going to get before you get it. Get It In Writing After you understand your project thoroughly, it is time to have your contractor draw up the contract. There are items that must be in your contract, as mandated by law. It would be a good idea to contact your local authority that governs the activities of general contractors in your state to find out their specific requirements. Some states mandate a maximum down payment of 10-percent of the contract price or $1,000.00 (whichever is less), three-day cancellation period, warranties, start and completion dates, scheduling of payments and more. Make sure that you completely read and understand your contract. This is the instrument that both you and your contractor rely on to govern the cost and format of the project. Remember, if it's in the contract, you can expect to have it done. If it's not there, even with a verbal promise, you may not get what you think you are paying for. Troubles in Paradise We have discussed selecting the person to help you design your project, how to select the person to construct the project, the document that helps guide the understanding how the finished project will look, and finally the document that will govern the tone of your project. Now with all of that work and effort, your project is ready to get underway. But what if, even after all your efforts, something still goes awry? By following all of the above, conflicts should be at a minimum, and if they should arise, they should be quickly and easily settled. But what if they are not? There are a couple of approaches that can be taken. Some contracts contain an arbitration clause to settle disputes. Inserting an arbitration clause in your contract is a reasonable precaution and could enable you to resolve disputes more quickly and enforce your warranty without litigation. However, if you pursue legal action against your contractor in small claims court, for instance, before attempting to work out your differences through arbitration your right to arbitrate may be nullified, regardless of the outcome of the legal action. For example - the California State Licensing Board provides two arbitration programs to help consumers and contractors work out differences. The mandatory program arbitrates complaints alleging present or future damages of less than $5,000.00, whereas the voluntary program addresses disputes of between $5,000.00 and $25,000.00 (participation in the voluntary program is voluntary to both parties, but the mandatory program is only voluntary for the consumer). You may have legal rights and remedies beyond these, and approaches to alternative dispute resolutions differ from state to state. You may want to consult an attorney in your state to find out all of your remedies to resolving a dispute. How To Get What You Contract For We have discussed a lot of approaches to the design, bidding, and completion of your project even how to settle disputes. Remember the most important thread that ties all of this together, is to have fun. Remodeling or building does not have to be a chore, nor does it have to be the worst experience of your life. Know what you are getting into before you start. There are going to be inconveniences, times when things are going too fast (mostly always welcome), and times when things seem to be moving too slowly. There will be times when problems occur. However, if the right team of designers and contractor have been selected, it will work. Always be reasonable in your expectations. Your contractor is only able to work within his/her limits. If you allow for some problems, some inconveniences, some modifications and changes as things progress, this can and will be an exciting process. Changes can be very positive. Have fun and enjoy all of life's experiences, even the remodeling or building of your home. |
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