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What To Do When A Contractor Scams You Or
Does A Shoddy Job
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Going through a remodel or upgrading your home is kind of
like having surgery. At some point, you have to hand the controls over to
someone else and have faith that they know what they're doing. They are,
after all, the experts. Such is the case with hiring contractors. You've likely
done your due diligence, checking their profiles with both the Better
Business Bureau and contractor's license boards in your state. You ask for
references and take the time to check them. Or perhaps you're met with what
appears to be a reasonable offer by a pleasant enough, professional-looking
person. And as recommended by agencies like California Attorney
General's Office, you may have even asked for a business statement describing
the daily practices of the company, including: general information on the
company, such as the number of years in business; all of their locations; the
owners of the company; and a description of the organizational structure of
the business. You may have also asked. the company
what licenses they had to obtain and who to contact to verify their licenses,
as well as what precautions the company has taken to verify that all of their
actions are legal within their state. So what happens if you get scammed or get left with a
shoddy job? That may have been the question going through 81-year-old
John Goodwin's mind when he was scammed. The Michigan man was approached at
home by a contractor who said he had just finished some local road work and
had extra asphalt to do driveways, according to a July 8 Times Herald
article. The company promised Goodwin a 3-inch-thick coat in the
1,100-square foot area for $2,200. What Goodwin ended up with was a rolling,
crooked, thinning layer of asphalt that resembled nothing like the
professional job his neighbor got from a local company. Sometimes law enforcement steps in, as was the case in
Roanoke Rapids, N.C., when an elderly woman told police she paid a large sum
of money to a man who told her he would replace some rotten boards on the
side of her house, as reported July 15 in the Daily Herald. Law enforcement's investigation revealed there were no
rotten boards on the house. Furthermore, the worker was found with just a few
rusty tools in his carpentry box. He was arrested and charged with obtaining
property by false pretense. To help you if you're scammed like those two unsuspecting
homeowners, there are at least three entities you can turn to, including: The first is your state attorney general. As an example,
the California Attorney General solicits and maintains consumer complaints
from the public regarding companies doing business in the state. The Attorney
General works to protect consumers through the Consumer Law Section of the
California Department of Justice and responds to consumer complaints through
the Public Inquiry Unit. The Consumer Law Section prosecutes scam artists and
fights deceptive trade practices that range from the use of misleading
national sweepstakes mailers to undelivered vacation promises by sellers of
travel. The Public Inquiry Unit responds to consumer inquiries and serves as
a central clearinghouse for consumer complaints sent to the California
Department of Justice. Second is the Better Business Bureau system, which
extends to over 98 percent of the
The BBB has an online complaint system and works to
facilitate communication between the company and the consumer to help both
sides come to a satisfactory resolution to the complaint. In many cases,
dispute resolution (including mediation and arbitration) may be available to
help resolve the dispute. Thirdly, you can usually turn to your state license
board. In California, contractors are licensed and regulated by
the Contractors State License Board (CSLB, www.cslb.ca.gov/consumers), which
handles complaints about fraud, misrepresentation, failing to complete
contracted work, failing to maintain required records, working without proper
licensing, and withholding money from subcontractors. The CSLB recommends filing a complaint in writing. Every
complaint filed with the CSLB against a licensed contractor is logged,
reviewed, and assigned to a staff person for handling based on the nature of
the complaint as described in the complaint form. Because of resource constraints, CSLB prioritizes
complaints based on the order of receipt, the nature and seriousness of the
allegations, the volume of work, and the budget/staffing situation. In most
cases CSLB staff will attempt to negotiate a settlement as soon as possible. According to the CSLB, if your primary goal is to gain
restitution, you should contact an attorney or the small claims court.
Depending on the circumstances, the complaint may be referred to one of the
Board's arbitration programs. In |
Written by Michele Dawson
Copyright © 2003 Realty Times. All Rights Reserved.