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TIPS


When Home Improvement Season arrives, so do the fly-by night contractors. Tools and trucks do not make a remodeling contractor. To be safe, rather than sorry, use the B.C.B. (Better Contractors Bureau) questionnaire below before you sign the contract.

B.C.B. CONTRACTOR QUESTIONNAIRE


 1. Did I check the contractor's reputation with B.C.B.?
 2. Has the contractor been established for a reasonable length of time (preferably over 1 year)?
 3. Is the contractor's phone listed in the phone book?
 4. Does the contractor have a bonafide address or just a PO Box?
 5. Did I get 3 comparable, fully detailed estimates?
 6. Has the contractor shown proof of Liability and Workmen's Compensation?.
 7. Is the contractor a member of the B.C.B.?
 8. Does the contractor's contract abide by the N.Y. State Law regarding Escrow Account and 3-Day Right of Cancellation, etc.?
 9. Does the contractor use high pressure tactics or phony giveaways?
10. Does the contractor abide by building codes and obtain proper permits?
11. Has the contractor furnished customer references?

IF YOU HAVE ANSWERED "NO" TO OVER 6 QUESTIONS, YOU SHOULD BE
WARY OF THE CONTRACTOR AND GET ADDITIONAL ESTIMATES

Make sure the contractor has shown proof of Liability and Workmen's Compensation!!!

PLEASE SEE THE FOLLOWING TIPS

COLD WEATHER TIPS
Carmen Santora
BCB Executive Director

Preparing Your Furnace For Winter

AVOIDING SCAMS & RIPS OFFS
Carmen Santora
BCB Executive Director

Home Improvement time is here and so are the fly-by-night, scam artist contractors. Each year many of the so-called gypsy contractors hit town with one thing in mind and that is to rip off unsuspecting consumers, especially seniors.

Home repairs are at the top of their list, as they are the easiest to con people into doing by using many different scare tactics. The tips below may help you to protect yourself against these unscrupulous individuals.

  • Steer clear of drive-by repairmen. The most notorious scam artists in home repair frauds are those repairman who cruise neighborhoods and sell their services at your front door. When that happens the first thing you should do is to check to see if they are driving a vehicle with out of state license plates. If they are then you can be sure you are talking to a fly-by-night operator. The license plate check is especially important to prevent the most common ploy: an offer to seal coat your driveway or clean your gutters at bargain prices. "Some scammers even use useless motor oil to recoat driveways," says Santora.

  • Watch out for bogus chimney improvements. Scammers may tell you that your fireplace is unsafe and needs a new liner. But unless you have visible problems such as cracks or loose or missing bricks, they're probably pulling a scam, says Santora. "They'll come to your house and offer a $50 cleaning, look down your chimney, and say you need $3,000 to $4,000 in repair work for the fireplace to work safely." The work they do is usually unnecessary, and it's your money that goes up in smoke. Before agreeing to an expensive repair, hire an independent home inspector or a professional chimney sweep to do an evaluation.

  • Avoid the waterproofing scare tactics. If your basement floods every time it rains, you may need to have it waterproofed. But consider this very expensive job only after you've ruled out cheaper options. Frequently, gutters are simply clogged or soil surrounding the home has eroded so it slopes toward your home, causing water to seep in. "Anytime someone tries to scare or panic you, that should raise a red flag," Santora says. Things like damp proofing paints and sealants can help with minor problems, as well as extending gutter downspouts out. Sump Pumps can sometimes be installed without ripping up the entire basement perimeter! However, should you need major work, make sure you deal with a company who specializes in this type of repair.

Before you agree to anything, check with the Better Contractors Bureau to
see if you are dealing with a reputable contractor from the immediate area !!!
 

AVOIDING SCAMS & RIPS OFFS
Carmen Santora
BCB Executive Director

Warm weather is here and so are the scam artists who prey on homeowners, especially the senior citizens. These rip off scammers usually go door to door offering a variety of home improvements and repairs from roof and chimney repair, gutter cleaning, driveway sealing, tree trimming, etc.

They often say they can do the job at a really low price, as they have left over materials from another job.

Many times, these scam artists are driving trucks with magnetic signs and out-of-state license plates, or operate out of store front offices that they can quickly move out of once they finish their scam or if they think local authorities have knowledge of them.

The Better Contractors Bureau recommends that you do the following to protect yourself against these fly-by-night operators:

Warm Weather Brings Out Home Improvement Scammers

  1. Before you give permission to anyone to do work on your home that you have not actually called and especially before you allow them into your home you should check them out with the Better Contractors Bureau, as to whom the owner of the company is, their address and reputation.
     
  2. Ask for identification (Drivers license) and if they show you an out of state license then tell them that you are not interested. Be firm and do not allow them into your home, as most scam artists work in pairs and while one keeps you busy the other will search your house to steal valuables. Some even work with children and ask if their child can use your bathroom. NEVER FALL FOR THIS APPROACH!!
     
  3. Don't fall for the high-pressure stories like "this offer is only good if you take it now" or "once we leave your street we won't be able to give you such a bargain again".
     
  4. If you have checked the contractor out and do feel confident that they are truly a legitimate, local contractor and want to have them do the job for you then be sure to get everything in writing on a bonafide NYS contract required by law. In the contract it must state along with all the specifications, that you have 72 hours to change your mind and any money given as a down payment or draw must go into an escrow account.
     
  5. Never give a large down payment and never pay in cash no matter what they tell you or what discount they may offer you! Always pay by check, payable to the company name, not an individual!
     
  6. If you have a large project or repair that you feel will be expensive you should get at least 3 estimates from similar size companies, all in writing.
     
  7. Never allow a contractor that you have not called to go up on your roof to check the roof, chimney or gutters, as they sometimes have been known to actually damage those items so that they can show they are in need of replacing or repairing.
     
  8. Make sure the contractor you finally decide on is properly insured with liability insurance and if he has employees on the job show proof of Workman's Comp Insurance.
     
  9. Always try to use a Better Contractor Bureau member, as they are Registered and you will have recourse if they don't do a good job.
     
  10. Lastly, you should always go with the old saying, "you get what you pay for".

HOW TO CHOOSE A CONTRACTOR
Carmen Santora
BCB Executive Director
 

You can call the BCB office to have a FREE Consumer Guide & Membership Directory mailed to you or you can go to the top of this page and this page and click on Member Categories Listing. An alphabetical category list will pop up with members who specialize in any project you're interested in. Just select two or three from the list and call them for a Free estimate and mention that you got their name from the BCB web site for special pricing. In any case you will be sure that you will be dealing with "Registered Professional" contractors who must abide by a strict code of ethics, provide proper insurance and use bonafide NYS contracts. Although we cannot guarantee member's work, products or services we can promise you that in the event you select a member and have a legitimate complaint we will do everything in our power to help you mediate the dispute and should the member be unwilling to rectify the matter we will take action to expel that member from the BCB and make sure future consumers calling are made aware of the situation.:

HOME INSPECTIONS
Good or Bad?
What a Buyer Should Be Aware Of!

These days when a home is put up for sale with a real-estate agent they are most times staged to show a home's best features starting with curb appeal! But since it's for the seller's benefit there are certain things potential buyers should be aware of that sometimes a home inspection won't reveal even by the most diligent home inspectors! Here are a few tips that a buyer should consider!

  • Never hire a home inspector that's recommended by a realtor agent! It should be considered a conflict of interest, as a realtor certainly wouldn't recommend one that would kill their potential sale!

  • Try to accompany the inspector during the inspection without the realtor present and don't be afraid to ask as many questions as possible!

  • Never hire a home inspector who shows up at the site with only a flash light! They should have special equipment with them including an extension ladder to check the roof, a step ladder to gain access to the attic area, testing equipment to detect gas leaks, electrical tester, radon and lead test equipment, etc.

  • If you see a basement that has a fresh new coat of some version of a waterproof coating type paint check closer to see if it is concealing or masking a prior water seepage problem that will eventually reoccur after purchase! Usually evident in corners!

  • Try to get verification of the age of a roof, furnace & AC, hot water tank and life expectancy! Check if any warranties are still valid and transferable!

  • A good home inspection should take a minimum of one-two hours or more depending on the size and age of the home!

  • The inspection report should be on a detailed form that outlines everything on the exterior to the interior! Some inspectors will even base their findings on repairs and or replacement costs for a slight additional charge! This sometimes will help with negotiating the asking price should major repairs or replacement be necessitated!!

  • If the report form lists item conditions as Excellent, Good, Fair or Bad (as some do) make sure there is also a comment section after each condition describing the exact findings! Such as: driveway bad condition and past life expectancy and will need replacement soon!

You should remember that you hire a home inspector to be your eyes and to give an honest, knowledgeable opinion as to the condition of the home you are considering buying and most do a great job! However the industry has expanded to many people from former contractors to handyman type individuals who feel it is an easy way to make a fast dollar so you should be aware of who you select to do your inspection! Because there are now so many new home inspectors New York State now certifies the industry! So be sure you look for their certification credentials! Being members of a national organization like ASHI or the local Better Contractors Bureau is another benefit in helping you make your selection.

THINKING OF HAVING A NEW ROOF INSTALLED?
 

If you are, here are some factors that you should be aware of before selecting your roofing contractor.

The New York State residential code has some new requirements dealing with the roofing of a home. First and foremost is article R907.3, which addresses recovering versus replacement. The law states that any new roof coverings shall not be installed without first removing the existing roof coverings where any of the following conditions occur:
1. Where the existing roof covering is wood shake, slate, clay, cement or asbestos-cement tile.
2. Where the existing roof covering is water-soaked or has deteriorated to the point that the existing roof or roof covering is not adequate as a base for additional roofing.
3. Where the existing roof has two or more applications of any type of roof covering. This particular part of the law is the one that gives the homeowner the most trouble, as the some contractors will tend to confuse the customer as to what should really be done. It really is very simple. If you are going to have a new roof put on your house you cannot go over the existing roof unless there is only one roof there at present. Any more than one roof means that all layers must come off before a new roof can be installed! The law doesn't say anything about being able to remove a layer or layers to get down to one roof but I would suggest that if any layers have to come off then you have all the layers taken off down to the wood sheathing.

There are other sections of the new law too numerous to mention but when reading specifications of a contract you should be sure that a ice and water shield type product is installed on the roof edges a minimum of 3' from the house wall edge up and in all valleys and areas where you may have had a leak problem before. Last year's snow and ice backed up even farther than the required 3' so I would suggest that you insist that the roofing contractor install the ice and water shield a minimum of 6' up from the house wall up for added protection.

Another thing to watch out for is proper ventilation of the roof. Without proper ventilation you will have all kinds of problems. In the summer your attic will be too hot making air conditioning work overtime and in the winter, as in this past one you will have ice back-up problems that can cause all kinds of damage to the interior of your house. The usual rule of thumb is one roof vent for every 150 feet of roof area but I would suggest a continuous roof vent. However, no matter how your roof is vented if you don't have a good number of soffit (overhang) venting the ventilation will not work properly.

The next step after familiarizing yourself with the information above is the selection of a reputable and professional roofing contractor. There are many so called roofing contractors in the business and because of the many fly-by-night ones you should make sure you select the right one. Get at least three estimates from similar size companies and be sure to check them out with the Better Contractors Bureau at 338-3600. Also have them all bid on similar work specifications. Check to see if they are insured and ask to see a copy of their certificate of insurance showing that they carry enough liability coverage and if they have employees' evidence of their workmen's comp. After you decide on the roofing contractor that will be doing your job you now should make sure that the contract meets all requirements under Article 36A of the NYS Business Law. The most important aspects of the contract should be your 72-hour right to cancel, escrow clause, a start and completion date, payment schedule, warranties, and a complete specification list.

Be sure the specifications list everything including, if it will be a complete tear-off, type of shingle, debris removal, warranties and guarantees, etc. Remember that if they tell you your roof is warranted for 25 or 30 years it only pertains to the materials and not the workmanship which, is usually guaranteed only for one year.

Don't give a large down payment and by all means dont make final payment until the job is completed to your satisfaction! Remember the saying, "Let the buyer beware" also pertains to the home improvement business!

WHAT SHOULD BE IN A CONTRACT!

Whether it is roofing, siding, windows, that new kitchen or an addition it will be a costly investment and you should protect yourself before signing a contract.

New York State regulates the sale of home improvement goods and services and applies to most types of improvements costing more than $500 purchased by homeowners. The law requires contractors to give you a contract that includes many provisions. The main ones are summarized below:

1. The name, address and phone number of the contractor must be on the contract.
(Do not accept a P.O. Box number as the contractor's address)

2. The exact amount of the project including progress payments.

3. A start and completion date, including any contingencies which would change the completion date such as
bad weather. You may also want to have included a penalty clause for running over the completion date. A
$100 per day deduction off the contract price is common for every day that the project runs over the
completion date.

4. A clause that reads that any progress payments received by a contractor from a customer can only be made
if they bear a reasonable relationship to the work actually done, materials purchased or related costs.

5. Any payments received by a contractor from a customer prior to substantial completion of the job must be
placed into an escrow account in a bank located in New York State within five business days and the
customer must be informed where the money is held within ten business days. The contractor can only
withdraw the deposit only in the following circumstances:

- under the terms of the payment schedule agreed on by the contractor and the customers;

- upon substantial completion of the job; or

- if the customer violates the contract, but only to the extent that the amount covers the contractor's reasonable costs.

6. A complete specification description of the work and materials, including brand names, model numbers
and other identifying information.

7. A consumer notice that reads as follows:

The customer has an unconditional right to cancel the contract until midnight of the third business day after the contract was signed. Cancellation must be done in writing! If the contractor or subcontractor who does the work is not paid, he or she may have a claim against the customer's property under the Lien Law.

8. Warranties and guarantees should be stated in the contract. Be sure to understand if the warranty or guarantee
covers both the materials and labor and if they are prorated and transferable. For example a new roof job
may warrant the materials for 25-30 years but the contractor may only warrant his labor for one year.

There are penalties against contractors and consumers may sue for actual damages, plus a $500 penalty and reasonable attorney's fees if the contractor has used fraudulent written statements to get the contractor to sign the contract. The Attorney General is also authorized to go to court to stop illegal practices and order contractors to compensate defrauded customers. Contractors can also face civil fines for violating the provisions of the law, especially with the protection of the customer's payments.
 


ADDRESSING ICE DAMMING
 

When the snow season hits the Better Contractors Bureau will be receiving many calls from people complaining about leaking roofs. Most are not aware of what causes leaks in the winter and usually attribute it to a poor new roof installation.

"Unfortunately, we have to tell people that the problem they are having is usually not due to an improper roofing installation, but rather from improper ventilation and insulation in their attics," says Carmen Santora, Executive Director of the Better Contractors Bureau.

Heat loss is one of the major causes of ice back-up and snow damming. When attics are not insulated properly and there are either not enough or no roof vents or soffit vents, heat will heat the ceilings causing the attic to warm up allowing the heat to travel up the roof and the combination of heat and snow causes ice to form. Gutters eventually become clogged with ice, forcing water farther up the roof edges. After the ice backup goes beyond the ice and water shield (usually 3' from the roof edge) the ice starts to melt and leaks inside the house.

Consumers experiencing ice back-up or snow damming should first hire an experienced contractor who is insured to remove the ice or snow from the gutters and roof edges and then have the problem addressed properly when weather permits. He recommends having an experienced roofing contractor install ice and water shield at least six feet up from the exterior wall edge and in all valleys. He does not recommend just putting a new roof over the old one, as there will be no proper way to install the ice and water shield as recommended, as it should be directly cemented down to the roof sheathing.

Before any new roof work is done proper insulation and venting should be addressed, as if not ice damming will continue. For roofing contractors experienced in ice damming prevention call the BCB at 338-3600 or go to the BCB website at www.the-bcb.net.

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