Home Repair Contractors: Difference between revisions

Latest revision as of 05:08, 16 October 2020

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Anna Kurt, Ganapathi Law Group in January 2018.

If you own your home, you may want to do some repairs or renovations. Before you hire someone, understand your legal rights and steps you can take to prevent problems.

What you should know

You must hold back 10% of the contract price for a period of time

If you hire a contractor to do improvements on your home, under the Builders Lien Act, you must hold back 10% of each payment to the contractor for a period of time. This is your protection against claims by subcontractors or suppliers who may not have received their share of the payments you made to the contractor. If you hold back 10%, you won’t have to pay any more than that to subcontractors and suppliers.

The holdback can be paid out 55 days after the work has been substantially (or mostly) done. This is the time period during which someone can file a builders lien for money they are owed for work or materials supplied on the project.

For more on how this builders lien holdback works, see our information on builders liens.

Tip Before you make the final payment to a contractor, do a title search of your property to make sure no builders liens have been filed against it by the contractor or any sub-trade or supplier.

If the contractor charges you more than you expected

If your contractor tries to charge much more than they estimated the work would cost, they may be guilty of a deceptive practice under the Business Practices and Consumer Protection Act. It is deceptive for a business to provide an estimate that is materially less than the final price they charge — unless you agree to the higher price before the work is done. If this happens, see our information on if you're not happy with a service. That said, if you keep changing your mind about what you want done or what materials you want, you should expect to pay more than the original estimate.

If you’re unhappy with the work

Once repair or renovation work has started, if you don’t like what’s being done, say so right away. The best way to solve a problem is to talk it over with the contractor first — it could be a simple misunderstanding.

The next step is to put your complaint in writing to the contractor. If the work still isn’t satisfactory, you may have to end the contract and order the contractor off the job. If you can’t solve the problem by negotiations, you might have to sue. For what’s involved in suing, see our information on starting a lawsuit.

Tip For step-by-step guidance on what to do if you’re not happy with the work on a home repair or renovation, see our in-depth information on if you're not happy with a service.

Prevent problems

Check on whether you need a building permit

Before you start a home improvement project, check with your city or town hall to see if you need a building permit. If you plan to do major work, you may want to hire an architect to supervise the contractor’s work and materials. Any work requiring a permit must be inspected by the city when the project is finished, so be sure you understand what standards of construction and safety you must meet.

If you live in a condominium, also check the bylaws of the strata corporation to find out if your project is allowed, whether you need the strata corporation’s approval, and if there are any restrictions.

Get written estimates for the work

Get more than one estimate, and get them in writing. Most contractors will give a free estimate. You should ask for the estimate to set out clearly the work to be done and the cost of materials and labour, so you know what you’re getting for the money. Remember the 5% GST (goods and services tax) and 7% provincial sales tax. Make sure the contractor includes these taxes in the price.

Do research on any contractor you’re considering

Cost estimates from potential contractors are one factor in choosing a contractor. But that’s not all you should consider. Don’t automatically choose the lowest estimate — make sure you get the workmanship and quality of materials you want.

Ask friends if they can recommend a good contractor. Ask contractors for the names and phone numbers of people they’ve worked for — and check them out.

The Better Business Bureau can tell you if there have been any complaints about a contractor. See their website. Also, some trades must be licensed or certified by provincial or municipal authorities; others have voluntary organizations that set standards. Search online to find the appropriate authority or organization to verify the status of the contractor you’re considering. You should also ask the contractor to give you the names of any sub-trades they may use on your project — plumbers, electricians, and others — and check them out too. Online searches will often show user reviews of contractors, which may be helpful.

Tip Be careful of home repair contractors who go door-to-door or ask for a lot of money up front. If you think you’ve been unfairly pressured by a door-to-door salesperson or contractor, you may be able to get out of the contract if you act quickly. To learn more, see our information on door-to-door and direct sales contracts.

Get a written contract

Once you choose a contractor, put your agreement in writing. Don’t rely only on a verbal agreement and a handshake. A verbal contract is legal, but it’s hard to prove exactly what you both agreed to. A written contract will help you sort out any misunderstandings.

If your contractor makes a promise or a guarantee, include it in your written contract. The law implies certain terms that aren’t written — for example, that the work will be done in a proper and workmanlike manner, and that the materials used will be of reasonable quality. But in every case, your best protection is a clear written contract.

Be clear on the contract price and payment terms

One of the terms in your contract will be the contract price and how you are going to pay it. Unless the job is small, you will likely want a definite price based on a written estimate, rather than an hourly rate that may add up to far more than you want to pay.

Also, don’t make a large deposit or pay a lot in advance. You don’t want to end up paying more than the value of the work and materials you receive. Instead, it’s a good idea to pay in installments, as the work progresses. The contract should say you will make installment payments, and when you will make them.

As for materials and supplies, remember to put in your contract that you’ll pay only for materials used, not for all materials bought — in case the contractor buys too much. The contractor should also agree to give you receipts for all materials bought. And you should verify them.

Be sure to clearly express any deadlines your contractor must meet and what happens if they’re not met.

Include terms to protect yourself in case someone gets injured

To protect yourself in case someone gets hurt while working on the project, the contract should say that the contractor:

is bonded and insured to indemnify (pay) you if you are liable for a worker getting hurt on your property
is registered with Work Safe BC for workers’ compensation
has all required permits and licences (for example, electricians must have a licence to work in BC)

You should also ensure your home insurance covers any damage claims by the contractor.

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@@ Line 1: / Line 1: @@
-{{DEMOWARNING}}
+{{REVIEWEDPLS | reviewer = [https://www.ganapathico.com/our-team/anna-kurt/ Anna Kurt], Ganapathi Law Group|date= January 2018}} {{Dial-A-Law TOC|expanded = home}}
-{{Dial-A-Law Blurb}}
+If you own your home, you may want to do some repairs or renovations. Before you hire someone, understand your legal rights and steps you can take to prevent problems.
-If you own your own home, chances are that eventually you’ll want to do some repairs or renovations. Unless you have the time and skill to do the job yourself, you’ll be hiring someone to do it.
+==What you should know==
-==Find out if you need a building permit==
+===You must hold back 10% of the contract price for a period of time===
-Before you start any home repair project, check with your city or town hall to see if you need a building permit. Any work requiring a permit must be inspected by the city when the project is finished, so be sure you understand what standards of construction and safety you have to meet. If you live in a condominium, also check the bylaws of the strata corporation to find out if your intended project is allowed, whether you need the strata corporation’s approval, and if there are any restrictions.
+If you hire a contractor to do improvements on your home, [https://www.canlii.org/en/bc/laws/stat/sbc-1997-c-45/latest/sbc-1997-c-45.html#sec4_smooth under the ''Builders Lien Act''], you must hold back 10% of each payment to the contractor for a period of time. This is your protection against claims by subcontractors or suppliers who may not have received their share of the payments you made to the contractor. If you hold back 10%, you won’t have to pay any more than that to subcontractors and suppliers.
-==Get cost estimates==
+The holdback can be paid out 55 days after the work has been substantially (or mostly) done. This is the time period during which someone can file a '''builders lien''' for money they are owed for work or materials supplied on the project.
-Get more than one estimate, and get them in writing. Most contractors will give a free estimate. You should also ask for each estimate to set out clearly the work to be done and the cost of materials and labour, so you know what you’re getting for the money. Remember the 12% HST (Harmonized Sales Tax), and make sure the contractor includes the tax in the price.
-==How do you choose a contractor?==
+For more on how this builders lien holdback works, [[builders-liens/|see our information on builders liens]].
-One thing to consider is the cost estimates that potential contractors give you. But that’s not all you should consider. Don’t automatically choose the lowest estimate – make sure you get the workmanship and quality of materials you want.
-Ask friends if they can recommend a good contractor. Ask contractors for the names and phone numbers of people they’ve worked for in the past – and check them out. The Better Business Bureau ([http://www.bbb.org www.bbb.org]) can tell you if there have been any complaints about a contractor. Also, some trades must be licensed or certified by provincial or municipal authorities; others have voluntary organizations that set standards. So look in the phone book to find the appropriate authority or organization – or do an internet search – and then call and verify the status of the contractor you’re considering. You should also ask the contractor to give you the names of any sub-trades that they may use on your project – plumbers, electricians, and others – and check them out too. Internet searches will often show user reviews of contractors, which may be helpful.
+{| class="wikitable"
+|align="left"|'''Tip'''
+Before you make the final payment to a contractor, do a title search of your property to make sure no builders liens have been filed against it by the contractor or any sub-trade or supplier.
+|}
+===If the contractor charges you more than you expected===
+If your contractor tries to charge much more than they estimated the work would cost, they may be guilty of a '''deceptive practice''' [https://www.canlii.org/en/bc/laws/stat/sbc-2004-c-2/latest/sbc-2004-c-2.html#sec4_smooth under the ''Business Practices and Consumer Protection Act'']. It is deceptive for a business to provide an estimate that is '''materially less''' than the final price they charge — unless you agree to the higher price before the work is done. If this happens, [[not-happy-with-service/|see our information on if you're not happy with a service]]. That said, if you keep changing your mind about what you want done or what materials you want, you should expect to pay more than the original estimate.
-==Get a written contract==
+===If you’re unhappy with the work===
-Once you choose a contractor, put your agreement in writing. Don’t be satisfied with an oral agreement and a handshake. While this kind of contract is legal, it’s difficult to prove exactly what you both agreed to. A written contract will help you sort out any misunderstandings right from the start.
+Once repair or renovation work has started, if you don’t like what’s being done, say so right away. The best way to solve a problem is to talk it over with the contractor first — it could be a simple misunderstanding.
-==Make sure any promises or guarantees are in the written contract==
+The next step is to put your complaint in writing to the contractor. If the work still isn’t satisfactory, you may have to end the contract and order the contractor off the job. If you can’t solve the problem by negotiations, you might have to sue. For what’s involved in suing, [[starting-a-lawsuit/|see our information on starting a lawsuit]].
-If your contractor makes a promise or a guarantee, include it in your written contract. In some cases, the law will imply certain terms that aren’t written down, for example, that the work will be done properly and that the materials used are the proper ones. But in every case, your best protection is a clear written contract.
-==What about the contract price and payment?==
+{| class="wikitable"
-One of the terms in your contract will be the contract price and how you are going to pay it. Unless the job is small, you will likely want a definite price based on a written estimate, rather than an hourly rate that may add up to far more than you want to pay. Also, don’t make a large deposit or pay a lot in advance. You don’t want to end up paying more than the value of the work and materials you receive. Instead, it’s a good idea to pay in installments, as the work progresses. The contract should say that you will make installment payments, and when you will make them. Do a title search of your property to make sure no builders liens have been filed against it by the contractor or any sub-trade or supplier – before you make the final payment.
+|align="left"|'''Tip'''
+For step-by-step guidance on what to do if you’re not happy with the work on a home repair or renovation, [[if-youre-not-happy-service|see our in-depth information on if you're not happy with a service]].
+|}
+==Prevent problems==
-==What other things should be in the contract?==
+===Check on whether you need a building permit===
-Be sure to clearly express any time deadlines your contractor must meet and what happens if they’re not met. As for materials and supplies, remember to put in your contract that you’ll pay only for materials used, not for all materials purchased – in case the contractor buys too much. The contractor should also agree to give you receipts for all materials bought.
+Before you start a home improvement project, check with your city or town hall to see if you need a '''building permit'''. If you plan to do major work, you may want to hire an architect to supervise the contractor’s work and materials. Any work requiring a permit must be inspected by the city when the project is finished, so be sure you understand what standards of construction and safety you must meet.
-==What should you watch out for?==
+If you live in a condominium, also check the '''bylaws''' of the strata corporation to find out if your project is allowed, whether you need the strata corporation’s approval, and if there are any restrictions.
-Be careful of home repair contractors who go door-to-door or ask for large amounts of money up front. If you think you’ve been unfairly pressured by a door-to-door salesperson or contractor, you may be able to get out of the contract if you act quickly. To learn more about this, check script [[Door-to-Door Sales, Time-Shares and Contracts You Can Cancel (Script 255)|255]], called “Door-to-Door Sales, Time Shares, and Contracts You Can Cancel”.
-Also, if your contractor tries to charge much more than the estimate, they may be guilty of a deceptive trade practice under the ''Trade Practices Act''. If this happens, check script [[Dishonest Business Practices and Schemes (Script 260)|260]], called “Dishonest Business Practices and Schemes”. Of course, if you keep changing your mind about what you want done or what materials you want, you should expect to pay more than the original estimate.
+===Get written estimates for the work===
+Get more than one estimate, and get them in writing. Most contractors will give a free estimate. You should ask for the estimate to set out clearly the work to be done and the cost of materials and labour, so you know what you’re getting for the money. Remember the 5% GST (goods and services tax) and 7% provincial sales tax. Make sure the contractor includes these taxes in the price.
-==What about builders lien holdbacks?==
+===Do research on any contractor you’re considering===
-The provincial ''Builders Lien Act'' requires you to hold back 10% of the contract price, or 10% of each installment payment, for 55 days after the work has been substantially (or mostly) done. This is your protection against claims by subcontractors or suppliers who may not have received their share of the payments you made to the contractor. As long as you hold back 10%, you won’t have to pay any more than that to subcontractors and suppliers. To find out more about builders liens, check script [[Builders Liens (Script 268)|268]], called “Builders Liens”.
+Cost estimates from potential contractors are one factor in choosing a contractor. But that’s not all you should consider. Don’t automatically choose the lowest estimate — make sure you get the workmanship and quality of materials you want.
-==What should you do if you’re unhappy with the work?==
+Ask friends if they can recommend a good contractor. Ask contractors for the names and phone numbers of people they’ve worked for — and check them out.
-Once the work has started, if you don’t like what’s being done, say so right away. The easiest and cheapest way to solve a problem is to talk it over with the contractor first – it could be a simple misunderstanding. If the work still isn’t satisfactory, you may have to end the contract and order the contractor off the job. Then if you can’t solve the problem by negotiations, you might have to sue.
-==What if you have to sue?==
+The Better Business Bureau can tell you if there have been any complaints about a contractor. [https://www.bbb.org/ See their website]. Also, some trades must be licensed or certified by provincial or municipal authorities; others have voluntary organizations that set standards. Search online to find the appropriate authority or organization to verify the status of the contractor you’re considering. You should also ask the contractor to give you the names of any sub-trades they may use on your project — plumbers, electricians, and others — and check them out too. Online searches will often show user reviews of contractors, which may be helpful.
-If your claim is for $25,000 or less, or you’re willing to reduce your claim to $25,000, you can sue in Small Claims Court. To learn more about this, check scripts [[What is Small Claims Court? (Script 165)|165]] to [[Getting Your Judgment Paid (Script 169)|169]] on Small Claims Court. As well, check the following court websites for more information:
-*[http://www.ag.gov.bc.ca/courts www.ag.gov.bc.ca/courts]
-*[http://www.provincialcourt.bc.ca www.provincialcourt.bc.ca] – click on “About the Court” and then on “Small Claims Matters”.
-Generally, claims for more than $25,000 must be started in a higher court (BC Supreme Court), where you’ll want a lawyer.
+{| class="wikitable"
+|align="left"|'''Tip'''
+Be careful of home repair contractors who go door-to-door or ask for a lot of money up front. If you think you’ve been unfairly pressured by a door-to-door salesperson or contractor, you may be able to get out of the contract if you act quickly. To learn more, [[door-to-door-sales|see our information on door-to-door and direct sales contracts]].
+|}
+===Get a written contract===
+Once you choose a contractor, put your agreement in writing. Don’t rely only on a verbal agreement and a handshake. A verbal contract is legal, but it’s hard to prove exactly what you both agreed to. A written contract will help you sort out any misunderstandings.
+If your contractor makes a promise or a guarantee, include it in your written contract. The law implies certain terms that aren’t written — for example, that the work will be done in a proper and workmanlike manner, and that the materials used will be of reasonable quality. But in every case, your best protection is a clear written contract.
-[updated February 2013]
+===Be clear on the contract price and payment terms===
+One of the terms in your contract will be the contract price and how you are going to pay it. Unless the job is small, you will likely want a definite price based on a written estimate, rather than an hourly rate that may add up to far more than you want to pay.
+Also, don’t make a large deposit or pay a lot in advance. You don’t want to end up paying more than the value of the work and materials you receive. Instead, it’s a good idea to pay in '''installments''', as the work progresses. The contract should say you will make installment payments, and when you will make them.
-----
+As for materials and supplies, remember to put in your contract that you’ll pay only for materials used, not for all materials bought — in case the contractor buys too much. The contractor should also agree to give you receipts for all materials bought. And you should verify them.
-----
+Be sure to clearly express any '''deadlines''' your contractor must meet and what happens if they’re not met.
+===Include terms to protect yourself in case someone gets injured===
+To protect yourself in case someone gets hurt while working on the project, the contract should say that the contractor:
+* is bonded and insured to indemnify (pay) you if you are liable for a worker getting hurt on your property
+* is registered with Work Safe BC for workers’ compensation
+* has all required permits and licences (for example, electricians must have a licence to work in BC)
+You should also ensure your home insurance covers any damage claims by the contractor.
+{{Dial-A-Law_Navbox|type=life}}
 {{Dial-A-Law Copyright}}