Wednesday, December 9, 2009

There's no business like snow business.


There were about 18 inches of snow on my car this morning, and my driveway... and my steps, bushes, trees, and roof. All that snow got me thinking about home improvement scams and how to avoid them.

Snow damage is real -- snow can wreck your roof and other parts of your house, or knock down trees and power lines and otherwise force you to do something more than shovel out your car before you've even had a cup of coffee at 6:30 a.m.

But snow damage also bring out the con men, all too often, and home improvement complaints are the fourth-most-common in Wisconsin.

If you're looking out your window now (or up at your ceiling) and seeing problems that need repairing, keep in mind a couple of rules that Wisconsin imposes on home improvement contractors:

1. If you have to pay money up front, a written contract is required. If the contractor wants you to pay anything before the work's done, he or she must use a written contract.

2. If you're entering into the deal anywhere but the seller's regular place of business, a written contract is required. So those guys who go door-to-door offering to fix stuff have to use a written contract. (The same goes if the contract was initiated by ads or fliers left at your residence.)

3. A written contract has to say the TOTAL price you'll pay. If there's a flat rate, the contract has to say what the total price is for goods and services (i.e., labor and shingles.) If it's a "time and materials" contract it has to at least include the hourly rate.

4. A written contract has to say the start and end date. Those are pretty much set in stone, too; there's rules on changing the dates of starting and finishing.


5. A written contract has to have the name and address of the seller, too. And the name and address of the person who got you to sign the contract.

Those rules apply to any "home improvement" work which includes:
the remodeling, altering, repairing, painting, or modernizing of residential or non-commercial property, or the making of additions thereto, and includes, but is not limited to, the construction, installation, replacement, improvement or repair of driveways, sidewalks, swimming pools, terraces, patios, landscaping, fences, porches, garages, basements and basement waterproofing, fire protection devices, heating and air conditioning equipment, water softeners, heaters and purifiers, wall-to-wall carpeting or attached or inlaid floor coverings, and other changes, repairs or improvements made in or on, attached to or forming a part of the residential or non-commercial property...

So probably not straight snow removal, but a lot of the other problems snow causes are covered by those rules.

That means that if someone comes around asking if you want some repairs done, that person should be prepared to show you a written contract with all those details (and more); if they can't, they're breaking the law and you don't want to do business with lawbreakers.

If someone does violate the law, and that violation causes you damage, you'd have the right to sue for double the pecuniary losses plus attorney's fees -- but remember, these fly-by-night guys may not care if they're sued; if you can't find them and they've got no money or insurance, what good will suing them do? So if they're not willing to comply with the law, don't do business with them.

And a better idea is this: If you need some home improvement work done, call a company with a good reputation and ask for references. That way, you'll maybe never need to consult a lawyer, and your roof won't cave in.

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