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How to Avoid Being Taken Advantage of by Your Contractor
I am constantly asked, “How do I avoid being overcharged on the construction of my new residence, and still get maximum quality construction?” My answer is simple, employ the same protections that the major Developers, Government Agencies and School Districts employ. These tried and proven principles have guided the largest of Owners to successful completion on multi-million dollars projects, while maintaining a level of quality that the Owner anticipated. The following five steps will ensure that you get the best price and the highest quality level your Contractor is capable of providing.
1. Failure to PLAN, is planning to FAIL - Be realistic when formulating your plans for the new project. Decide on the size of your project and the available budget. Don’t try and undercut the actual value of materials and/or labor costs. Over my career I have seen numerous examples of people trying to cut corners and secure the “cheapest” pricing, only to be disappointed with the end result and often spend even more money trying to be thrifty. Remember, the main reason everyone is involved in your project is money. The successful Owner understands that cheapest is never best and best is never cheapest. The cost of the work, done in a timely manner, by skilled craftsman is the price the Owner must be prepared to pay if he wants a reasonable level of quality delivered on time.
2. Choose your Contractor Wisely - The single most important task in the construction delivery process is selecting the right Contractor. I have seen the wrong Contractor selected, for the wrong reason too many times to mention. If the Owner selects an honest, well established, local Contractor with high integrity, then half of their battle is won. Should the Owner selected the wrong Contractor, based on poor recommendations, family connections or fancy advertisements, then the most stringent and thorough construction protections will not deliver high quality construction at a fair price. The Owner should interview at least three (3) General Contractors. Perform due diligence in checking the Contractor’s references, check with the local Chamber of Commerce and Better Business Bureau. Take your time and choose your Contractor based upon the facts not emotional responses.
3. Secure a GOOD set of Plans, Specifications and Construction Contract - The construction plans an specification for your new project may be acquired in several different methods. There is no way to overemphasize the importance of your plans, specifications and Construction Contract. The Building Plans, Product Specifications and Construction Contract are collectively referred to as “The Project Documents” and can be obtained in many ways. Some Owners hire an Architect to prepare these documents while other locate their plans on line and still others hire a drafting Service to prepare these documents. Whichever way you decide to proceed, make sure that you have documents that clearly outline your anticipated level of quality, time to complete, method of payment and Close-out / Warranty of the work. Be advised that almost every Contractor has his own “standard construction agreement” and these documents often protect the rights of the Contractor above all else. A good agreement should protect the Owner and Contractor equally, establish a timeline for the construction work, and establish a method of progress payments, how and when those payments are determined to be due. There should also be Lien Protect requirements outlined in the agreement. Finally, the Owner should have any agreement reviewed by an independent attorney prior to execution of the agreement.
4. Site Observation and Monitoring - During the Construction
Once the building process begins, the Owner should either employ a professional Construction Contract Administrator to review and verify the work is being performed correctly and meets all the Project Specification requirements. Too many people assume that the local Building Department is reviewing their project for quality and code compliance. These people are half correct. The local Building Department does inspect the work and verify the work conforms to the Local Building Code, however, the local Building Code establishes the minimum standards allowed by law. I don’t know anyone who anticipates accepting the minimum standards for their home. Progress and quality of the new construction should be monitored and ensured on a regularly scheduled basis. Payment for the work should be scheduled to coincide with building milestones, such as Slab-on-grade completion, building dry-in, interior framing completion. These payment should be made only after the milestones are reach and the work is found to be acceptable. Any litigation attorney will advise that the Owner should have knowledgeable, experienced comprehensive construction observation on his project to protect his rights on the project.
5. Project Close-out and Warranty Inspection - At the end of the project, the Owner will be asked to inspect and accept the finished work. This review and acceptance of the work is referred to as the Punch List. The Owner and/or his agent should closely inspect every room of the interior, all appliances / equipment and the entire exterior of the residence for incomplete and / or defective work. Take your time, don’t rush yourself or allow anyone to rush you. The list you generate at this time will be the only chance you get to identify items which need correction. The Owner and/or his agent should review all warranty information and verify that it is properly executed. And finally, the Owner and/or his agent should review all Final Releases of Lien from each subcontractor to ensure they were all properly paid and there are no Lien files against the new residence. Owners in the past have been forced to pay twice for work on their property because they did not verify that the Contractor had properly paid all of the subcontractors.
By following these five simple steps, the Owner of a new residence can avoid many of the tricks and traps set for them by some Contractors. And if you need further advice or assistance on your project, call us at (941) 742 9739 The Mozeleski Group, LLC.
Frank Mozeleski Florida Licensed Building Inspector # BN4593(941) 742 9739
The Hidden Treasures of Tampa Bay
In our very backyard, a half days drive from anywhere in Florida, lies one of the most exciting and untouched archeological adventures since Indiana Jones and the Lost Crusade. I am talking about the untouched native habitat and hunting grounds of the Pre-Columbian Indians that made their homes along the east edge of Tampa Bay.
Known as the Uzita and the Alaphia Tribes, these mangrove dwelling Indians lived an abundant lifestyle while constantly hiding from the much larger and stronger Calusa Indians to the south and Surviving on marine life and the occasional white tail deer, these Indians built hidden villages deep in the mangrove swamps. In some cases, they would camouflage the entrance to a small river by cutting mangrove trees and sticking them into the ground as the Calusa War Parties would pass looking for slaves and plunder.
The vast marine resources of Tampa Bay were so plentiful that DeSoto himself noted that he encountered no visible signs of agriculture until he reached the Dade City area, north of the modern-day city of Tampa. Research on the excavated Indian mounds of this period, indicate that the Indians ate a mostly seafood diet and did not eat the manatees which were abundant in the area.
We have learned much from the personal diaries of Hernando Escalanta Fontenada, the young Spanish boy shipwrecked with 49 others, in the Florida Keys. Fontenada while traveling from Columbia to Spain, was captured and held captive for eight years while he watched the remainder of his party, including his own brother, sacrificed to the Gods by his Calusa captors.
He tells us that the Indians made garments from a strange plant that grows in the trees and looks very similar to wool, but is not wool. Researcher believe that he was referring to Spanish Moss which is common in the region.
The Indians made hand tools and weapons from the numerous varieties of conch and oysters that were abundant on the west coast of Florida. The remnants of these tools and other artifacts lie so thick in the sand flats and shallow bays of the area that you can barely help but step on them while exploring these magical areas. Areas with such romantic names as Cockroach Bay, Kitchen Key, Joe’s Island, Capt. Frank’s Bar and Hell’s Half Acre beckon to be explored.
Only by the lucky hand of fate did these areas escape development because they were too shallow for waterfront homes. The developers’ misfortune is our blessing, these areas remain untouched and pristine, exactly as they did when the Spanish drove the Pre-Columbian Indians from the west coast of Florida.
If you are an ancient history buff an amateur archeologist or just a simple nature lover, don’t miss the opportunity that lies in the mangrove swamps along the east edge of Tampa Bay. One trip out there. and like me you will be hooked and spend the next decade exploring these beautiful, untouched areas where if you close your eyes and listen closely, you will hear the cries of the Uzita and Alaphia Indians as they hunt and fish through the mangrove swamps.
As an added bonus, are the mosquito control attempts in the 50’s and 60’s, where they dug miles and miles canals to try and drain the inland lakes and bays. What they created are miles of shaded covered kayak and canoe trails that cut through the mangrove swamps from Palmetto all the way to Port of Tampa. These beautiful shaded kayak trails can be seem easily from Google Earth.
So, get a big straw hat to protect yourself from the sun a light shirt and give me a call. I am taking small groups of kayakers to such places as Moses Hole, Hells Half Acre, the Lost Indian Mound of Kitchen Key, Joes Island and many other sites. So come on out and enjoy this magnificent resource that lies there free for the taking. I guarantee you will not be disappointed - USCGL Capt. Frank Mozeleski (941) 742 9739