Here is a video of a restoration project on Pine Street in Winnboro Texas. This was a fun project. We hand cut stone to match the old 1940's style home and then we replaced the crumbling concrete with custom cut Limestone slabs.
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Wednesday, July 15, 2015
Tuesday, July 14, 2015
What is Taking So Long?????
Your contractor told you It would probably take "two weeks" to finish the job and now it's been TWO MONTHS!!!!! WHAT IS TAKING SO LONG????????
By now you may be thinking about firing him and finding someone more reliable, right? If you do, it may not work out in your favor especially if you have a contract in place. Remember contracts are there for your protection as well as the contractors protection. Most contracts stipulate the contractor will work in a "timely and professional manner". He is going to want to stick to that. The contract will also more than likely also say something about circumstances beyond the contractors control. The "beyond his control" thing, it happens ALOT.
I will not be able to list all things that can go wrong but lets mention a few of the big things that might.
In my industry (masonry) the biggest obstacle is weather. We work with a special masonry mix very similar to concrete (we call it mud). This "mud" is specially formulated to create the strongest possible bond with the stone, brick, block, etc. There are rules we must follow to make sure this bond is strong. Most people are understanding that we cannot lay in freezing weather the "mud" cannot dry and cure in freezing weather. However, what most people don't know is we cannot work in weather below 45 degrees. It must remain 45 degrees all day otherwise your masonry may not bond properly. The strength of your project depends on us following these rules. Of course we also cannot work in rain and inclement weather. Heat can also make is cut our hours short for safety reasons.
Another problem may be other contractors that need the space we are in. We cannot always work over one another. Sometimes we can move to another area but not always. Sometimes a contractor will hold off working so another can finish, that way we are not "tripping" over one another. This is often a safety issue.
Illness, and equipment issues can stop a jobs progress. Several employees may become ill at once (i.e the flu) which can cause a halt in work. If there is a major problem with an important piece of equipment it will stop a job dead in its tracks!
Many other problems can cause delays. Each industry has its own set of problems and you can expect delays on every project so its best if you anticipate them. A good rule of thumb would be to ask the contractor what , if anything might cause a delay. Find out if you can do anything to prevent any possible delays such a scheduling contractors to where they are not in each other's way. Most importantly communicate.
If there is a delay ask why if you do not understand. Be patient when there is a delay. Always pay by the job and never by the hour. A contractor who gets paid by the job wants to get it done as delays actually cost him money. Your much less likely to end up with unnecessary delays with a contractor who works that way.
As always feel free to share your stories and comments below!!
Thanks for reading and be sure to subscribe!
By now you may be thinking about firing him and finding someone more reliable, right? If you do, it may not work out in your favor especially if you have a contract in place. Remember contracts are there for your protection as well as the contractors protection. Most contracts stipulate the contractor will work in a "timely and professional manner". He is going to want to stick to that. The contract will also more than likely also say something about circumstances beyond the contractors control. The "beyond his control" thing, it happens ALOT.
I will not be able to list all things that can go wrong but lets mention a few of the big things that might.
In my industry (masonry) the biggest obstacle is weather. We work with a special masonry mix very similar to concrete (we call it mud). This "mud" is specially formulated to create the strongest possible bond with the stone, brick, block, etc. There are rules we must follow to make sure this bond is strong. Most people are understanding that we cannot lay in freezing weather the "mud" cannot dry and cure in freezing weather. However, what most people don't know is we cannot work in weather below 45 degrees. It must remain 45 degrees all day otherwise your masonry may not bond properly. The strength of your project depends on us following these rules. Of course we also cannot work in rain and inclement weather. Heat can also make is cut our hours short for safety reasons.
Another problem may be other contractors that need the space we are in. We cannot always work over one another. Sometimes we can move to another area but not always. Sometimes a contractor will hold off working so another can finish, that way we are not "tripping" over one another. This is often a safety issue.
Illness, and equipment issues can stop a jobs progress. Several employees may become ill at once (i.e the flu) which can cause a halt in work. If there is a major problem with an important piece of equipment it will stop a job dead in its tracks!
Many other problems can cause delays. Each industry has its own set of problems and you can expect delays on every project so its best if you anticipate them. A good rule of thumb would be to ask the contractor what , if anything might cause a delay. Find out if you can do anything to prevent any possible delays such a scheduling contractors to where they are not in each other's way. Most importantly communicate.
If there is a delay ask why if you do not understand. Be patient when there is a delay. Always pay by the job and never by the hour. A contractor who gets paid by the job wants to get it done as delays actually cost him money. Your much less likely to end up with unnecessary delays with a contractor who works that way.
As always feel free to share your stories and comments below!!
Thanks for reading and be sure to subscribe!
Friday, July 3, 2015
What a Mechanic's Lien is and how to avoid the nightmare.
So you have built your dream home and when you go to close on the home you find out you have a mechanics lien from one of your contractors on it. What happens next?
First lets talk about what a mechanics lien is. Most states have the mechanics lien option for contractors and suppliers of materials. This is for the protection of the contractor/supplier to make sure he gets paid for materials and services that he provided.
How does it work?
Typically the contractor /supplier will notify you of the unpaid balance and demand payment. You should have anywhere from 10 to 30 days to respond. This time period varies from State to State. If you do not pay or respond in that time period the contractor/supplier will file the lien with the court in your county. You then have a time period , normally between 3 and 6 months to work this out with the contractor/ supplier before he can then file a lawsuit against you. If the lawsuit is filed on time you could be forced to sell your property to settle the lien or it possibly could delay or prevent closing. If the lawsuit is not filed on time by the contractor/ supplier the lien becomes void. I highly suggest however that you go to the court where the lien was filed and get a court order clearing up the lien you do not want this thing popping up later and preventing future sales of the property.
But I paid the General Contractor!!!!!
Yes you probably did. In a perfect world this would have been enough. You paid him and he paid the suppliers and sub-contractors. This is far from a perfect world however and if he does not pay his sub-contractors and suppliers , YOU could end up paying twice for the goods and/or services provided by them! The reason this could be a danger is because it is expensive and difficult to sue the original contractor and many will try to pocket the money and leave you paying the bill.
How to avoid the mechanics lien.
If you are dealing with individual contractors and suppliers , the answer is , have a contract with what you are having done and the price in writing. Any changes you decide you want should also be in writing (change order) and any change in price listed and signed by both parties. Then when the work is done to your satisfaction pay the contractor or supplier and get a signed lien waiver from him.
If you are dealing with a General Contractor you have two options. You can pay with joint checks that require the general contractor and the subcontractor to both be present to cash the check. This is not the best option for convenience since you may be writing tons of checks as opposed to just writing one check to cover the whole crew. The other option is to have each sub-contractor and supplier sign a release of lien stating they have been paid for their service. There are two types of lien releases. The first is a progress release which states the have been paid for what progress was made but does not protect you from a lien until the job is done. The other is a final release of lien which states the job is finished and the contractor/ supplier has been paid in full. I would use both.
I suggest chatting with each contractor individually even if you are using a general. Its a great way to see the progress on your home and make sure everyone is getting paid. Ask for and keep all receipts of payments made. Keep all written correspondence and change orders. Cover all your bases and you should be able to avoid the Mechanics lien.
First lets talk about what a mechanics lien is. Most states have the mechanics lien option for contractors and suppliers of materials. This is for the protection of the contractor/supplier to make sure he gets paid for materials and services that he provided.
How does it work?
Typically the contractor /supplier will notify you of the unpaid balance and demand payment. You should have anywhere from 10 to 30 days to respond. This time period varies from State to State. If you do not pay or respond in that time period the contractor/supplier will file the lien with the court in your county. You then have a time period , normally between 3 and 6 months to work this out with the contractor/ supplier before he can then file a lawsuit against you. If the lawsuit is filed on time you could be forced to sell your property to settle the lien or it possibly could delay or prevent closing. If the lawsuit is not filed on time by the contractor/ supplier the lien becomes void. I highly suggest however that you go to the court where the lien was filed and get a court order clearing up the lien you do not want this thing popping up later and preventing future sales of the property.
But I paid the General Contractor!!!!!
Yes you probably did. In a perfect world this would have been enough. You paid him and he paid the suppliers and sub-contractors. This is far from a perfect world however and if he does not pay his sub-contractors and suppliers , YOU could end up paying twice for the goods and/or services provided by them! The reason this could be a danger is because it is expensive and difficult to sue the original contractor and many will try to pocket the money and leave you paying the bill.
How to avoid the mechanics lien.
If you are dealing with individual contractors and suppliers , the answer is , have a contract with what you are having done and the price in writing. Any changes you decide you want should also be in writing (change order) and any change in price listed and signed by both parties. Then when the work is done to your satisfaction pay the contractor or supplier and get a signed lien waiver from him.
If you are dealing with a General Contractor you have two options. You can pay with joint checks that require the general contractor and the subcontractor to both be present to cash the check. This is not the best option for convenience since you may be writing tons of checks as opposed to just writing one check to cover the whole crew. The other option is to have each sub-contractor and supplier sign a release of lien stating they have been paid for their service. There are two types of lien releases. The first is a progress release which states the have been paid for what progress was made but does not protect you from a lien until the job is done. The other is a final release of lien which states the job is finished and the contractor/ supplier has been paid in full. I would use both.
I suggest chatting with each contractor individually even if you are using a general. Its a great way to see the progress on your home and make sure everyone is getting paid. Ask for and keep all receipts of payments made. Keep all written correspondence and change orders. Cover all your bases and you should be able to avoid the Mechanics lien.
Tuesday, June 23, 2015
Contracting by the hour or by the job?
Never hire a professional contractor by the hour if you want good work done in a timely manner. Period.
First, a decent contractor probably would not hire himself out by the hour in the first place. Secondly if you want the job done right you don't want to hire a contractor that would work by the hour as if he is a decent worker he will be selling himself short and if not you will be getting a shoddy job.
A good contractor knows what his labour is worth and has calculated his time into his final bid. If it takes him longer than he expected he loses money but you don't. On the other hand if you pay him by the hour you are stuck paying for extra hours when something goes wrong. So paying by the job will be a motivation for the contractor to get done on time.
A person who gets paid by the hour has a tendency to work slower but not better. They will drag their feet no doubt about it and the less your paying them the longer it will take for the job to get done. They will tend to make bigger mistakes that will possibly take more time to fix. What do they care? They don't mind doing it over ,it's more money in their pocket!
Usually a contractor that works by the hour does not have a license where needed, insurance, or workers compensation. If he gets hurt and you are paying him by the hour you may be responsible for his injuries as a domestic employee. Ouch!
A contractor willing to work by the hour ,especially for "cash" may not have the required work permits, citizenship or may not be of legal age to work.All of these can be expensive to fix as a homeowner.
If he is willing to work by the hour he probably won't "need" a contract which we know is a #1 NO NO! Always have a contract.
I would strongly recommend you always pay any contractor by the job and never by the hour. It's just safer that way!
Feel free to comment on this blog and as always be sure to follow me for more suggestions on contractor / homeowner relationships!
First, a decent contractor probably would not hire himself out by the hour in the first place. Secondly if you want the job done right you don't want to hire a contractor that would work by the hour as if he is a decent worker he will be selling himself short and if not you will be getting a shoddy job.
A good contractor knows what his labour is worth and has calculated his time into his final bid. If it takes him longer than he expected he loses money but you don't. On the other hand if you pay him by the hour you are stuck paying for extra hours when something goes wrong. So paying by the job will be a motivation for the contractor to get done on time.
A person who gets paid by the hour has a tendency to work slower but not better. They will drag their feet no doubt about it and the less your paying them the longer it will take for the job to get done. They will tend to make bigger mistakes that will possibly take more time to fix. What do they care? They don't mind doing it over ,it's more money in their pocket!
Usually a contractor that works by the hour does not have a license where needed, insurance, or workers compensation. If he gets hurt and you are paying him by the hour you may be responsible for his injuries as a domestic employee. Ouch!
A contractor willing to work by the hour ,especially for "cash" may not have the required work permits, citizenship or may not be of legal age to work.All of these can be expensive to fix as a homeowner.
If he is willing to work by the hour he probably won't "need" a contract which we know is a #1 NO NO! Always have a contract.
I would strongly recommend you always pay any contractor by the job and never by the hour. It's just safer that way!
Feel free to comment on this blog and as always be sure to follow me for more suggestions on contractor / homeowner relationships!
Monday, June 22, 2015
Shantel's Story*
I will be posting some stories on this blog once in a while. These will be stories from both contractors and homeowners. They may be good or bad, Some may be helpful to you as well. Feel free to add your story.
This is Shantel's story:
She and her family hired a local "contractor" to remodel her home and do some minor repairs. Without a thorough background check they contracted him through the bank. If you are hiring through a bank or insurance company they only promise to pay the contractor they do not check the contractor nor do they guarantee the work to be done. ALWAYS have a written contract between you and the contractor! The Bank paid the contractor up front.
The contractor was doing terrible work and finally when the family had enough he walk off the job, WITH THEIR MONEY. In his wake he left shoddy plumbing , dangerous steps, half done tape and bedding and texturing, a leaky roof, nail holes and broken siding and much more! He was also not licensed for any of the contracting that required it. Hard lesson learned.
Red Flags:
Asking more than half up front. (many contractors will require money as a down payment , it should never be more than half)
No licence for work that requires one (some construction does not require licence in some states , always check)
No contract between homeowner and contractor.
Thankfully Shantel found a good contractor to re do much of the work. Unfortunately some of it had to be done by family because of lack of funds.
All photo are courtesy of owner
* If requested names may be changed.
This is Shantel's story:
She and her family hired a local "contractor" to remodel her home and do some minor repairs. Without a thorough background check they contracted him through the bank. If you are hiring through a bank or insurance company they only promise to pay the contractor they do not check the contractor nor do they guarantee the work to be done. ALWAYS have a written contract between you and the contractor! The Bank paid the contractor up front.
The contractor was doing terrible work and finally when the family had enough he walk off the job, WITH THEIR MONEY. In his wake he left shoddy plumbing , dangerous steps, half done tape and bedding and texturing, a leaky roof, nail holes and broken siding and much more! He was also not licensed for any of the contracting that required it. Hard lesson learned.
Red Flags:
Asking more than half up front. (many contractors will require money as a down payment , it should never be more than half)
No licence for work that requires one (some construction does not require licence in some states , always check)
No contract between homeowner and contractor.
Thankfully Shantel found a good contractor to re do much of the work. Unfortunately some of it had to be done by family because of lack of funds.
* If requested names may be changed.
Saturday, June 20, 2015
Are homeowners liable for a contractor's injury on his property?
This is not an easy yes or no answer. It can be very complicated. Here are some factors to consider:
One factor is, what did you hire the contractor to do? Say you hire a contractor to fix the holes in your roof, the contractor knows the roof is unsteady, has holes and is dangerous. If he, or one of his workers, falls through the roof, are you liable? Probably not. You hired them to fix that problem and it was their responsibility to make sure the roof was reinforced properly and all workers had safety gear. However , what if you hired a brick mason to repair the chimney and he falls through the roof? Then You may be liable. The reason? It is a home owners responsibility to provide a safe environment for the contractor and by not having the roof already repaired or reinforced you could be held responsible for injury.
Another factor is in how much control you decide to have in the building process. Most home owners leave the entire process to a General Contractor. However , if you decide that you would like to be your own General Contractor, you could be putting yourself at risk of being liable for injury. The less control you have over your project , the less liability you take on as well. Even the small act of telling a contractor HOW to do a part of his job or WHERE to put equipment can actually throw liability on to your shoulders.
What about workers' compensation? Usually home owners are not responsible for providing Workers' Compensation. Workers' Compensation is taken on by each contractor and subcontractor individually. They cannot file against a home owner unless they are hired as a domestic employee, which in most cases they are not.
what about home owners insurance? This can also become complicated. Most home owners insurance policies do not provide for injury to a contractor hired to do work on your home. You should review your policy before beginning any work on your home. Some companies will provide extra coverage while you are building or remodelling and some will not. Reviewing the policy you have and any options they can provide may bring you peace of mind.
Be sure to comment if you have anything to add or have any questions.
I am not a lawyer and this blog was meant only as a guide and not in any
way is it to be used or construed as legal advice. If you have a problem
that needs to be adressed on this or any other subject please consult a
licensed attorney.
One factor is, what did you hire the contractor to do? Say you hire a contractor to fix the holes in your roof, the contractor knows the roof is unsteady, has holes and is dangerous. If he, or one of his workers, falls through the roof, are you liable? Probably not. You hired them to fix that problem and it was their responsibility to make sure the roof was reinforced properly and all workers had safety gear. However , what if you hired a brick mason to repair the chimney and he falls through the roof? Then You may be liable. The reason? It is a home owners responsibility to provide a safe environment for the contractor and by not having the roof already repaired or reinforced you could be held responsible for injury.
Another factor is in how much control you decide to have in the building process. Most home owners leave the entire process to a General Contractor. However , if you decide that you would like to be your own General Contractor, you could be putting yourself at risk of being liable for injury. The less control you have over your project , the less liability you take on as well. Even the small act of telling a contractor HOW to do a part of his job or WHERE to put equipment can actually throw liability on to your shoulders.
What about workers' compensation? Usually home owners are not responsible for providing Workers' Compensation. Workers' Compensation is taken on by each contractor and subcontractor individually. They cannot file against a home owner unless they are hired as a domestic employee, which in most cases they are not.
what about home owners insurance? This can also become complicated. Most home owners insurance policies do not provide for injury to a contractor hired to do work on your home. You should review your policy before beginning any work on your home. Some companies will provide extra coverage while you are building or remodelling and some will not. Reviewing the policy you have and any options they can provide may bring you peace of mind.
Be sure to comment if you have anything to add or have any questions.
I am not a lawyer and this blog was meant only as a guide and not in any
way is it to be used or construed as legal advice. If you have a problem
that needs to be adressed on this or any other subject please consult a
licensed attorney.
Friday, June 19, 2015
Why THIS subject for a blog?
You blog either what you love or what you know. Well this blog is both I guess.
I grew up learning the construction business. My Grandfather was a contractor and he built many houses and apartments in the Dallas , Texas area. My Dad worked for him as a brick mason for a while. Then I married a brick Mason (22 years ago today to be exact).
Do I love construction? Well we will say yes and no. Most days it's yes but that sometimes is No. The No days are often caused by miscommunication or personality conflicts between the contractor and the home owner, thus the reason for this blog. I want to help keep this from happening by revealing what conflicts could happen and how to resolve them so everyone is happy at the end of the day. Hopefully we keep it as upbeat and fun as possible. I will post pictures and video to try and keep it entertaining as well. As always feel free to comment and participate.
What do I love? Well for one the people we work with. They are building a dream and we are helping them achieve that! We meet a variety of people from a variety of places. We love them all! Another reason I enjoy it is because building is an art and when treated as an art more than "a Job" you will be good at what you do and proud of your results.
Another reason Is often we make people happy. Whether they are happy with our results or because we helped them overcome a problem. Recently a home owner was devastated. They were building a home and wanted stone columns. They had hired a self taught "mason" who was the cheapest on the list. Cheap can be good , but not always( That's why I emphasise doing your homework).
They had hired this contractor with no contract, paid most of it up front and then the contractor walked off the job not only with it half done but with a shoddy job to boot. We fixed the problem, and they were happy. That makes me love my job. I will attach a few before/after photos of this job. So I love this blog because I (usually)love the subject. Hopefully you love this blog too.
These are the columns before
Notice they are not even backfilled
They will not even be standing for long.
Here they are after the repairs
I grew up learning the construction business. My Grandfather was a contractor and he built many houses and apartments in the Dallas , Texas area. My Dad worked for him as a brick mason for a while. Then I married a brick Mason (22 years ago today to be exact).
Do I love construction? Well we will say yes and no. Most days it's yes but that sometimes is No. The No days are often caused by miscommunication or personality conflicts between the contractor and the home owner, thus the reason for this blog. I want to help keep this from happening by revealing what conflicts could happen and how to resolve them so everyone is happy at the end of the day. Hopefully we keep it as upbeat and fun as possible. I will post pictures and video to try and keep it entertaining as well. As always feel free to comment and participate.
What do I love? Well for one the people we work with. They are building a dream and we are helping them achieve that! We meet a variety of people from a variety of places. We love them all! Another reason I enjoy it is because building is an art and when treated as an art more than "a Job" you will be good at what you do and proud of your results.
Another reason Is often we make people happy. Whether they are happy with our results or because we helped them overcome a problem. Recently a home owner was devastated. They were building a home and wanted stone columns. They had hired a self taught "mason" who was the cheapest on the list. Cheap can be good , but not always( That's why I emphasise doing your homework).
They had hired this contractor with no contract, paid most of it up front and then the contractor walked off the job not only with it half done but with a shoddy job to boot. We fixed the problem, and they were happy. That makes me love my job. I will attach a few before/after photos of this job. So I love this blog because I (usually)love the subject. Hopefully you love this blog too.
These are the columns before
Notice they are not even backfilled
They will not even be standing for long.
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