Guest Column:
Lewis Kinard, Supervising Attorney, Centralized Intake Unit & Disaster Outreach, LSLA
http://lewiskinard.blogspot.com/
As Lone Star Legal Aid continues to work with people impacted by Hurricane Ike, we see far too many preventable problems. In some cases, pre-disaster preparation could have saved a lot of stress and strife after the storm. But a number of the problems we see now, a year after Ike, relate to efforts to repair homes damaged by the storm. They are too often very avoidable.
No one questions the desire to quickly get back to pre-hurricane living conditions. That sense of urgency, together with the emotions that well up after a serious threat like Ike, can cloud one’s judgment. People who normally make sound decisions are likely to have a few moments of weakness or drop their guards when they encounter strangers who seem outwardly very genuine and sincere with offers to help get life back to the way it should be. Rest assured, the most untrustworthy scam artists are the ones who have polished their sales pitches and worked on their smiles.
We at Lone Star Legal Aid offer these tips to help people in their efforts to recover. Keep the list somewhere safe or give it to a family member or friend who may need them and pull it out when considering any major home repair project. Help us prevent home repair contractor fraud and contract disputes before the money is gone.
1. NEVER give your FEMA number to anyone besides FEMA or your insurance company; treat it like your Social Security Number.
2. Get all estimates in writing, and get several.
3. Remember your right to rescind a contract when the seller came to your house to get you to sign
4. Check out the people who give you estimates (BBB, references from several months ago (not just down the block that day), court records, criminal records, etc.);
5. Insist on a simple, plain-language contract that you have read and understand before signing.
6. NEVER give a down-payment; instead make progress payments to cover the work as you are satisfied with it. Best: pay half when the work is half done and the other half once the contract is completed to your satisfaction and all sub-contractors and suppliers have been paid.
7. If the contractor uses sub-contractors, require releases from the subs and suppliers before you pay the final half of the money. If not, they can put liens on your home until they get paid.
Almost every problem related to home repair contractor fraud or substandard performance could be prevented or controlled by following Rule #6. If you never give up control over the money, the legitimate contractors will understand; the shysters will be discouraged; and hopefully, the work will be completed to your satisfaction.
