Home Contractor vs. Homeowner

I have occasionally had clients who have been grossly mistreated by contractors. They have paid large sums of money for little or no return. The contractor may have done a little bit of work at the premises, but then disappeared. Perhaps the contractor took money in advance and then the homeowner discovered that even though the money was designated for subs, they were not paid. At this point, homeowners frequently feel that they have been robbed. I have often been asked, "can I press criminal charges against the contractor?" I am not a criminal lawyer, but I have had experience with pursuing contractors criminally. Homeowners need to understand that bringing criminal charges will only succeed in the most extreme cases. One has to prove that the contractor took money and used it for other purposes. In addition, in a criminal case, it is necessary to show intent. In my experience, most district attorneys hate contractor cases. They believe they belong in the civil aren...

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The interesting thing about the contract from the homeowner's viewpoint is that many of the same clauses that I listed yesterday are just as important for the homeowner. For example, #1 is exactly the same: 1. ALL CHANGE ORDERS MUST BE IN WRITING AND INITIALED BY BOTH THE HOMEOWNER AND THE CONTRACTOR! Should I say it again? The change orders should spell out any change in the contract price and include information about whether the completion date will be affected. 2. The contract should clearly spell out the price for the job along with a clear cut payment schedule and a list of which aspects of the work must be completed before payment is made. 3. The contractor should indicate how often he will be at the job and who has authority to authorize changes orders. The homeowner should ask for that person's cell phone number and/or e-mail address. 4. There should be a complete description of the scope of the work and the materials to be used. 5. The homeowner should include a provi...