Take Care When Hiring Contractors
Release Date: November 1, 2006
Release Number: 1665-003
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Buffalo, N.Y. -- Watch out for scam artists, warn officials of the U.S. Department of Homeland Security's Federal Emergency Management Agency (FEMA) and the New York State Emergency Management Office (SEMO).
"Sadly, in disaster situations, scam artists often are ready to take advantage of the misfortunes of others," said Peter J. Martinasco, FEMA's Federal Coordinating Officer. "People should be especially alert for phone or door-to-door solicitors who promise to speed up the insurance or building permit process, and those who ask for large cash deposits or advance payments in full."
"Most service providers in the building industry are honest," said State Coordinating Officer John R. Gibb, Director of the New York State Emergency Management Office, "but disasters sometimes attract dishonest people. Some claim to be 'FEMA certified,' but FEMA neither certifies nor endorses any contractor."
Tips for hiring contractors include:
- Get a written estimate. Compare services and prices before making a decision. Also, read the fine print. Some contractors charge a fee for a written estimate, which is often applied to the cost of subsequent repairs they make.
- Check references. Contractors should be able to provide names of previous customers. Call several former customers who had similar work done to make sure they were satisfied with the job.
- Ask for proof of insurance. Be sure the contractor carries general liability insurance and workers' compensation. If the contractor is not insured, the homeowner may be liable for accidents that occur on the property.
- Use reliable, licensed contractors. Call your local Better Business Bureau (and other local sources) to inquire about a business before signing a contract.
- Insist on a written contract. A contract should clearly state all tasks to be performed, all associated costs, who will apply for necessary permits or licenses, and the payment schedule. Never sign a blank contract or one with blank spaces. Have a lawyer review the contract if the cost is substantial, and keep a copy for your records.
- Get guarantees in writing. Guarantees made by the contractor should be written into the contract. The guarantee should spell out what is guaranteed, who is responsible for the guarantee and how long the guarantee is valid.
- Obtain a local building permit, if required. Permits may be required for site work, other than demolition, and for reconstruction. Contact your local government for permit information.
- Make final payments when the work is completed. Do not sign completion papers or make the final payment until the work is completed to your satisfaction. A reputable contractor will not threaten you or pressure you to sign if the job is not finished properly.
- Pay by check. Avoid on-the-spot cash payments. The safest route is to write a check to the contracting company. A reasonable down payment is 30 percent of the total cost of the project, to be paid upon initial delivery of materials. Federal law gives consumers a three-day "cooling off" period for unsolicited door-to-door sales of more than $25.
- If necessary, cancel a contract in the proper manner. This should be done within three business days of signing. Be sure to follow the procedures for cancellation that are set out in the contract. Send the notification by registered mail with a return receipt to be signed by the contractor.
- Report problems with a contractor or fraud to the (appropriate state office).
Consumers also should be aware that some rip-off artists may pretend to be employed by FEMA or other agencies. Some traits of scams or con artists can include:
- Lack of proper identification - A FEMA or Small Business Administration (SBA) shirt or jacket is not absolute proof of someone's affiliation with an agency. Ask to see the laminated photo identification card; if they don't have it, they are probably not for real.
- Going door-to-door - Persons going door-to-door to damaged homes, or phoning victims and claiming to be building contractors, could be frauds. If callers solicit personal information such as Social Security or bank account numbers, they are not for real. FEMA inspectors may come to your neighborhood but all FEMA inspectors will have proper, laminated, photo identification. Remember, FEMA and SBA inspectors never charge applicants for disaster assistance or for inspections. If in doubt, do not give out information.
- Charging fees to be put on a list or fees to have forms filled out - Some scammers have asked for upfront money to be put on a list or demanded fees to fill out the disaster loan application.
- Offers to increase the amount of your disaster damage assessment - This is not wise and is a sure sign of a scam.
- Asking for cash upfront - Under no circumstances are FEMA and other agency representatives allowed to accept money. FEMA inspectors assess damage but do not hire or endorse specific contractors.
If you suspect a repair rip-off, call the consumer protection division of the (appropriate state agency). If you suspect fraud, waste or abuse involving FEMA disaster assistance programs, report it to FEMA's Inspector General's Office 1-800-323-8603.
FEMA manages federal response and recovery efforts following any national incident, initiates mitigation activities and manages the National Flood Insurance Program. FEMA works closely with state and local emergency managers, law enforcement personnel, firefighters and other first responders. FEMA became part of the U.S. Department of Homeland Security on March 1, 2003.
Last Modified: Monday, 06-Nov-2006 11:59:35