B4 U SIGN a Construction Contract

Foundation Siding Plaster Lath Stucco Roof

1. Ignore the glowing reviews! They are written by friends and family. One well written complaint on any Austin website: Yelp, Better Business Bureau, Goggle, FaceBook, Angie’s List, Wayfair...? Find another contractor to do your Foundation, Siding, Plaster, Stucco or Roof repairs. What a guy will do to another, he is GOING to do to you! Every minute that you invest upfront, will save hours of aggravation later.

Keep in mind that there are lots of great stucco buildings in Austin that were constructed 100 years ago. So, why are newly constructed stucco buildings cracking and falling apart--especially, when new technology should have the buildings last 200 years? It’s the contractor.

The best contractors rely on word of mouth recommendations, the others flood the internet with their names, advertising and hiding bad reviews.

2. If your Austin Foundation, Siding, Plaster, Stucco or Roof repairs contractor says, “Don’t worry, I have insurance”, get a copy of the insurance policy. Most policies have a duty to defend and a duty to pay for damages. Once you sue, the insurance company lawyers take over: Zero cost to the contractor, two-three years of legal fees for you. Also, insurance companies pay for provable damages, not for poor workmanship. Provable damages often don’t show up until it is too late for compensation, or without destructive testing. E.G.: If galvanized metal flashings are placed under concrete stucco, in five-10 years the acid will eat through the metal.

3. Austin & Texas Home building laws were not sponsored by homeowners. The laws were influenced by big builders who lobby legislatures. You are suing the guys who wrote the rules for your Foundation, Siding, Plaster, Stucco or Roof repairs contractors.

4. Have a lawyer review the Foundation, Siding, Plaster, Stucco or Roof repairs contract. The lawyer should not just be a certified construction lawyer, but one who has litigated the identical problem previously. Every item must be spelled out with its individual cost. Many contractors give small credits for deleted items and big mark-up for add-ons. The contract should specify the brands to be used and prohibit any substitution. Specific remedies should be specified if the specific products are not used. Better: You buy, pay for and have delivered the supplies that you want. I had one Austin guy remove the product labels before coming onto the property. Also, a neighbor’s contractor was unaware of the stretch factor of caulk. Luckily, I caught the problem early, and the neighbor made the contractor replace the caulk from around more than 30 windows.

5. Take lots of photos of the Foundation, Siding, Plaster, Stucco or Roof at every stage. Mandate that the supervisor visit the job site daily and have him sign your log or simply ring your security doorbell for a photo capture—a $100 deduction for every missed day. Hire your own inspector to catch problems; in the end, it will save you.

6. Ask if the repairs contractor has ever been sued or threatened with a suit for Foundation, Siding, Plaster, Stucco or Roof repairs or any other construction related repair. Do a search an internet for legal action in Austin or in surrounding your area. Also, ask about other companies that he has owned or may have worked for. Don’t forget that these guys change the names of their companies; so, search under the name on his driver’s license as well. Keep a photo of his and his partners’ drivers’ licenses.

SearchTx covers all Texas Counties:

https://research.txcourts.gov/CourtRecordsSearch/Home#!/home

Travis County District Clerk – covers Travis County only:

https://www.traviscountytx.gov/district-clerk

Case Information & Records Tab – Online Case Records Tab – Travis County Odyssey Portal You need to register in order to obtain free access.

7. Call the contractor’s banker and ask about the relationship.

8. If the contractor says: “I stand behind my work.” Good, then he won’t mind signing the contract AS AN INDIVIDUAL as well as the owner of the LLC/corporation. Get his “partner” to sign, too. If there is a pucker factor or hesitation with either, you have your answer! Run. Keep in mind that that new Ford Super Duty pick-up and other equipment are probably in his name and beyond the reach of any legal action against the LLC.

9. Never, never, pay up-front or pre-pay any contractor! If they need any supplies, you buy the supplies and have them delivered to the job site. Similarly, if there are subcontractors, pay them directly. If you pay the general and he stiffs the subs, YOU are on the hook and subject to liens, etc.

10. Keep in mind that in Austin, there is very little construction science for Foundation, Siding, Plaster, Stucco or Roof repairs. This means that any “expert” can opine to either side of the transaction.

11. Buy a $100 “pen” recorder at Best Buy, record everything in a quiet environment and save everything the contractor says. It takes 30 seconds to upload and annotate the voice files. Also, buy the Foundation, Siding, Plaster, Stucco or Roof repairs workers lunch and refreshments and record what they tell you, too. In Austin, and through out Texas, it is legal to record without the others’ knowledge or agreement.

Always respond to emails without starting a new conversation. It is proof that they received, read and agreed to the content.

12. Don’t forget that the Foundation, Siding, Plaster, Stucco and Roof repairs contractors are usually the guys who spent a lot of time in the principals’ office in grade school and never made it to high school.