Puff & Cockerill LLC regularly consults with clients regarding issues of consumer law and consumer protection, whether it has to do with the remodeling of a home (or other home improvements), the purchase of a car, or any other consumer transaction. As a way of providing answers to frequently asked questions in this area, we have set forth the following information.

Protecting Yourself from Home Remodelers. We receive many calls from clients who have had problems with home renovators and remodelers. Unfortunately, they speak to us after there is already a problem. However, by taking certain steps in advance of and during the home renovation process can help minimize hassles. We would suggest the following:

Make sure that everything is in writing. Under New Jersey Law, a home remodeler must provide a written estimate in advance of commencing work, which must be signed by you. Do not sign it unless it contains all of the terms and you understand them. It should also make the contractor responsible for obtaining all necessary permits and inspections. The contract should include start and finish dates, a detailed description of the work the contractor is to do, a schedule of payments with specific dates and amounts, and the exact products and materials that will be used. The start and finish dates are very important, as many problems arise when the contractor puts off commencing work or starts work and fails to complete it by a date certain. By having start and finish dates, you set definite parameters and are in a much better position to prove a breach of contract if they fail to perform within these dates. The description of work that the contractor is to do helps to define what you are paying for, and can keep an unscrupulous contractor from billing additional monies for some of the work as an "extra." A list of the exact products and materials to be used can help you to determine whether or not quality materials are being put into your home. It can also help you should you need to get product warranty information.

Put yourself in the driver?s seat when it comes to the money. Contractors may ask for an advance on the monies to cover costs of materials, but since they typically get 30 to 60 days credit from their suppliers, they shouldn?t need one. This avoids the problem of trying to get your money back from a contractor who never begins work. One exception to this rule would be if you are installing custom made products that the supplier or contractor would not be able to sell to anyone else should you change your mind. Should this be the case, consider paying the supplier directly by making out the check to them.

Many of our clients problems stem from them paying contractors for work that is not completed. Therefore, it is a good idea to have the contractor break the job down into steps that correspond to installment payments that are made only when that step is completed satisfactorily. For example, if you are adding on to a room, building a foundation may be 20% of the job, so you would pay 20% of the payment after that phase is completed. Also make sure that you hold back 15% to 20% of the job costs until after the contractor has fixed all deficiencies and has had his work approved by all of the appropriate municipal and county inspectors.

Avoid liens. Unfortunately, there are often situations where you pay the contractor for supplies, and that contractor does not pay his supplier. Under New Jersey?s Construction Lien Laws, that supplier can come to you for the money and can even seek to put a lien on your home if it is not paid. This is also true of sub-contractors such as plumbers and electricians that the contractor hires. At the end of the job make sure to get lien releases from your contractor, all of the sub-contractors, and his suppliers.

By following this steps, you should be able to lessen the chance of having a problem with a contractor.

The information set forth above constitutes general answers to certain questions pertaining to New Jersey Law and is not intended or designed to replace the advice of an attorney after a careful review of the individual facts of your case. Please read our site wide legal disclosure.