Violations Reconciliations
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Contractors providing “Home Improvement” services
Contractors offering “home improvement” services in Suffolk and Nassau Counties must possess a valid “home improvement” contractor’s license. These licenses are granted by the Suffolk County Department of Labor, Licensing & Consumer Affairs, commonly known as “Consumer Affairs.”
According to Section 563-17 of the Suffolk County Code, a license is required for any activities falling under “home improvement contracting,” including but not limited to repairs, remodeling, painting, carpentry, fencing, driveways, exterminating, flooring, ductwork, masonry, roofing, siding, construction or servicing of pools and spas, waterproofing, landscaping, and arboriculture. However, it excludes the construction of new homes or work covered by a completion guarantee on new residential properties, as well as the sale of goods by a seller not involved in the installation or application of goods or improvements to government-controlled residences
What is a Notice of Violation from Consumer Affairs?
Many, if not most, Office of Consumer Affairs violations start with a complaint from a consumer (usually a homeowner) regarding a contractor’s performance on the project.
What types of things can a Notice of Violation cover?
There are several issues that could constitute a violation. Some of the most common violations include:
- Failure to include your home improvement contractor’s license on your contract
- Failure to include the requisite Lien Law Article 3A language in your contract
- Failure to include a 3 day notice of cancellation in your contract
- Failure to warn the home owner that a lien may be filed in the event of non-payment
- Failure to hold funds in escrow as required by law
- Failure to have a reasonable relationship between progress payments and actual progress of the work
- Failure to include a start and completion date in the contract
The above violations can be found even where the work performed was correct (and beautiful).
Some tips before your project begins!
- Know what work you want done – Make a thorough list and be specific. This will enable you to easily negotiate with various contractors, lock in firm prices and avoid surprises. Having a written list will also help in ruling out unscrupulous contractors who might try to convince you to have additional work done that you don’t want or need.
- Know what permits are needed – Even though a qualified contractor should be aware of necessary permits and inspections, you should know them too. Check with your local building and codes office before beginning a project. As the owner, you are responsible for either getting the permits or seeing that the contractor gets them, provided your contract states the contractor is responsible.
- Shop around – Look at multiple contractors. Get quoted prices for the work you want done and compare. Also, find out the proposed timeline for when each contractor can start and finish the project.
- Get references and check them – Ask your friends and neighbors which contractors they used for home improvement projects and whether or not they were satisfied with the results. Get references from the contractor directly and speak directly to former customers.
- Get proof of insurance – If a worker is injured, or damage is caused to your property, you could be held liable if the contractor does not have the proper insurance. So, make sure the contractor is insured.
- DEAL ONLY WITH A LICENSED CONTRACTOR – Home improvement contractors must be licensed in New York City, Suffolk, Nassau, Westchester, Putnam, and Rockland counties.
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