For Contractors

Q. I just got a client, do I need a written contract for every renovation or home improvement?
A. Yes, in fact you usually need a license from the Department of Consumer Affairs in your locale and they may require your contract to contain certain provisions or you will be subject to a fine.  An attorney familiar with those provisions will be able to draft you a contract that meets your needs and will save you money in the long run whether it's a minor home improvement, complete renovation or a newly constructed home.

Q. I did the bathroom for the homeowner and now they aren't paying me, I can't just go in and take out the fixtures, what should I do?

A.  You can file a Mechanics Lien. Mechanic's liens are an enforceable security interest on a property that has been improved by a contractor. A Mechanic's lien puts other people are on notice that if they purchase the property they purchase subject to the lien. An attorney familiar with the intricacies of Mechanic's lien law will be able to draft, file and serve this for you and maintain a record so that your lien does not expire.

Q. The homeowner says I screwed up the addition and they want to go to court, what do I do?
A. Have an attorney review the contract, if it has an arbitration provision in it, the homeowner would be obligated to pursue arbitration instead. Arbitration is usually faster, the rules are different and it can be less costly than court.

Q. The homeowner filed a complaint with the Department of Consumer Affairs, and now they want me to come in and speak with them, should I bring an attorney?
A. While you can appear without an attorney, I would not advise it. Some of the Departments of Consumer Affairs are quite powerful. For instance, if you are unlicensed they may have the power to levy fines against you for each day you worked without a license, seize your equipment and even your vehicle.

Q. I want to apply for a license with the Department of Consumer Affairs, how can I show that I have experience when I don't have a license?
A. If you have a license in another location you can use that experience, or if you have been working as an apprentice with a licensed contractor you can ask that contractor to writ you a letter of recommendation.

For Consumers

Q. We bought this house when it was brand new less than a year ago and we're already having problems with cracks in the walls, does it have a warranty?
A.  In New York a newly constructed home falls under Section 777 of the General Obligations Law which gives an implied warranty which is still good after you have closed on the house. The builder may exclude or modify this implied warranty by clear and conspicuous terms in the contract only if the buyer is offered a limited warranty. A careful reading of the contract by an attorney may be necessary to determine what falls under the warranty and for how long.

Q. We did an addition a few years back, but didn't get a permit. Now we want to sell the house, what do we do?
A. If the home improvement, construction or renovation meets the local building code, you may be able to apply for a permit for the work and get it with an architect's plan. If the home improvement, construction or renovation needs a variance you would benefit from having an attorney appear on your behalf in front of the local zoning board.

Q. My neighbor planted six foot bushes between our properties all the way to the curb. Now I can't see cars coming, can I do anything about it?
A. You can apply to the zoning board of your locale to have the bushes meet the standard for the locale. An attorney will be able to assist you in determining which zoning board you need to apply to and what the rules are.