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ACTION LINE MINI-GUIDE

Hiring a contractor

 

• Are inspections taking place? Once a permit is issued, it has to be prominently displayed on your property. Contractors will usually hang it on the door or tape it to a wall. At each step that requires an inspection, a building inspector will come and check the work, approving or disapproving it. Call your building department to find out the progress before handing over the next installment.

• Is anyone on the job? After permits are issued, if no work is done for 30 days, check in with the contractor. If you must, visit his or her office. After 60 days of no activity, send a certified, return-receipt letter to the company stating that, if work doesn't pick up within 30 days, the contractor's absence will be considered job abandonment, per state law. (For more details, look up state statute 489.126 at www.flsenate.gov.) At this point, you may file a complaint with the agency that licenses the contractor to seek restitution through mediation. If your contractor is county-licensed, the resolution process should take no more than a couple of months; if state-licensed, it could take years. (See Choosing a Contractor.)

• Are subcontractors and suppliers getting paid? Don't forget to ask your contractor for partial releases of lien from each sub and supplier involved in the job.


TYING UP LOOSE ENDS

• Make sure final inspection is approved before you hand over the final payment. Open permits can result in eventual fines from your municipality, and can also prohibit you from selling your home.

• Get a release of lien. After you sign the contract, the contractor will file a ''notice of commencement'' with the county recorder. Until the job is completed -- at which time the contractor must file a "release of lien'' -- that notice of commencement will also prevent you from selling the house.


WHEN THINGS GO WRONG

Even reputable, licensed contractors sometimes go bad. If your contractor disappears with $500 of your money more than work he or she performed, state law infers this as an intent to defraud. This can result in charges of fraud and/or grand theft.

To pursue recourse without hiring a lawyer, file a complaint with the county or state licensing authority. They have the power to mediate disputes and request restitution, or fine, suspend or revoke contractor licenses altogether.

If the county or state investigation yields a suspicion of criminal activity, the case is handed to the state attorney's office. It may die there. However, when several victimized homeowners come forward, the likelihood of prosecution is more likely.

If there's little hope of getting money back from the contractor, you may qualify for county or state funds. The Florida Homeowners Construction Recovery Fund is hard to squeeze money out of, but it's worth a shot. For details, visit www.myflorida.com/dbpr or call the DBPR (850-487-1395). Broward homeowners wronged by a contractor may be eligible for up to $5,000 in relief from the county; ask Building Code Services, www.broward.org/building, 954-765-5075.

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