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Homeowner Resources
Legal Issues

Finding someone to do the work
It comes as no surprise that the most complaints received by the Better Business Bureau are those related to homebuilders and home repairmen.

This is sometimes because homeowners don't take the time to get a clear understanding of what the work will entail and what the finished job will look like, but very often it's because they do not hire qualified people to do the work in the first place

So how do you find a good contractor? Start with family or friends. They may recommend someone they have used before.

If you aren't sure about a particular contractor, your local Better Business Bureau will provide you with a report of any complaints they have received. Please note: an absence of complaints doesn't mean the contractor does flawless work, it only means the BBB has not received any complaints about that contractor.

While nearly all states require licensing for contractors who work on commercial projects, not all states require residential contractors to be licensed.

Even if your state or area does not require contractors to be licensed, it is still a good idea to hire only a licensed contractor to perform the work. It is an easy way to determine whether a contractor has the necessary skills

Generally to get and hold a license, contractors must have a specified level of training and experience, liability insurance (the amount is determined by the state or licensing locality), and workers compensation insurance. They are also required to take a number of continuing education courses every year. Other requirements may also apply.

When selecting a contractor, ask to see not only his license, but copies of the liability insurance and workers compensation insurance policies.

Any contractor who cannot provide such documents, is not one you want working at your house.

If a worker is injured on the job while working at your house, you may incur a legal liabilty liable unless the contractor has workers compensation insurance.

Accidents can happen. A pipe could break and cause water damage to your property, or something else could break while a repair is being made. The contractor's liability insurance should cover such damage. If the contractor does not have such insurance, you might face the prospect of having to bring a law suit against the contractor.

State Licensing & Verification:

Ohio:
A state license is required to perform Electrical, HVAC, Refrigeration, Plumbing, or Hydronics work in Ohio. To find out if a tradesman holds a license in Ohio, click on http://com.ohio.gov/dico/eLicense.aspx.

Kentucky:
In Kentucky, Electrical, plumbing and HVAC contractors must be licensed. See http://www.contractors-license.org/ky/ky.htm. To find out if an electrical contractor is licensed see https://hbc.ky.gov/licensing/electrical/license_lookup.asp. To find out if a plumbing contractor is licensed, call (502) 573-3580

Indiana:
Only plumbing contractors need to be licensed in Indiana. Before beginning work, you should check for license requirements at the local level. To find out if a plumber is licensed in Indiana, call (317) 232-5956.

Do you need a written contract?
Contracts protect both the homeowner and the contractor from misunderstandings by specifying what the job entails and how much it will cost. . Always sign a written contract before making a home improvement transaction, and make sure you understand the contract before you sign it.

A Mechanic's Lien, is a legal claim on your property which gives a contractor (or someone else) the right to keep or sell your property as security for a debt that has not been paid.

However, paying your contractor in full, is not a guarantee that a lien will not be attached to your property.

You may end up paying twice for home improvements if the contractor fails to pay a subcontractor for completed work on your project , or fails to pay a supply company for the building supplies used. The supply company or a subcontractor might try to get its money directly from you by placing a lien on your property.

Most states have some type of Home Improvement laws, which protect consumers in their dealings with contractors. The laws vary from state to state. Make sure you know the law in your state.

The State of Ohio provides an excellent on-line summary of the Ohio Home Improvement Law

 

Related articles/Websites:

Fortney & Klingshirn - Outstanding site with articles to help contractors and builders, subcontractors, suppliers, and owners in all types of commercial construction disputes.



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