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• Your rights as a homeowner hiring contractors
• Best way to resolve improper installation problems?

Your rights as a homeowner hiring contractors

Hi, After reading some sad stories on the website, I'd like to remind everyone of their rights when dealing with contractors, as copied from the California Contractor's License Board website:

''Most licensed contractors are competent, honest, hardworking and financially responsible. However, home improvement is a top source of consumer complaints nationwide. Most of the problems CSLB sees could be prevented if homeowners knew their home improvement rights and took responsibility for their project. A responsible and informed consumer can work more effectively with reputable contractors, and can avoid being victimized by unscrupulous or unlicensed operators.

The ''buyer beware'' principle can help prevent frustration and disappointment when preparing to make a major decision. By carefully considering what you want done to your property, what it will realistically take to do the job, and taking the time to research and check the license of the professional you hire to do the job, you may avoid many of the headaches often associated with remodeling.

Almost everyone knows someone who has a nightmare story to tell about their remodeling job: the length of time it took; the inconvenience of the noise, dust, and absence of such essentials as plumbing, electricity, heat, and air conditioning; lack of privacy during the job; or the cost overruns associated with homeowners who had to live through what they described as ''the trauma'' of even the smallest remodeling job.

Protect yourself--and your pocketbook--by doing your home improvement homework and planning responsibly for your project.

Home Improvement Bill of Rights

The Contractors State License Board reminds you to exercise your rights and responsibilities when making home improvements. As a California consumer, you have the following rights when working with contractors:

-The right to make a down payment of no more than 10 percent of the project price or $1,000, whichever is less;

-The right to a written contract that is clear and includes a payment schedule and completion date.

-You also have the responsibility to properly plan and manage your project. ''

Please, learn your rights and responsibilities! A small job can turn into a big headache! Anon

Best way to resolve improper installation problems?

I am interested in advice on the following: We are currently in a deadlock with two separate vendors who have been involved in the remodel of our house.

1. A window installation company improperly installed windows in our house. They have refused to take responsibility for improper installation, or resolve the problem adequately (ie install the windows so that they open and close properly!). Months have passed since the windows were installed. The only action this company has taken was to pass on the responsibility for the problems to the window manufacturer. The manufacturer refuses to acknowledge responsibility either. We have refused to pay the outstanding balance for the windows until the problem is resolved.

2. A landscaping company improperly designed and installed an irrigation system in our yard. It has caused various problems for months now. We finally had to get another party to assess and repair the system at considerable cost. We asked the landscapers to pay for the repairs. They have refused.

Are their effective ways to resolve these problems? Does filing a dispute with the Better Business Bureau have any impact? Is small claims court effective? Your thoughts and advise are most welcome. Oakland Homeowner

The best thing I've found in small claims is that it is terribly inconvenient for the accused parties. If they don't show up, they lose by default and you will then have a court order demanding their compliance. As a business, if they don't comply you'll have many other options. Suing is expensive, but an option as well -- and again, the contractor him/herself has to come in once they're subpoenaed or they are in big trouble. The more time they spend in court, the less time they can do their business, thus they lose money. Either way, you can't lose becuase you're inconviencing them big time.

Complaining to the BBB won't be much help unless the contractor is already listed with them, however, it's worth a phone call to see if they are. Businesses pay a lot to be members of the BBB, so they generally are concerned about complaints; but only if they ARE affiliated with the BBB, from my experience.

Also, general complaints within the community are a good idea as well -- on-line, with the county/city the business is registered in, etc.

I'm interested to see if any legal pros have advice to post. Good luck. heather