In the Region/Westchester; As Complaints Rise, Advice on Hiring a Contractor

 By Elsa Brenner

July 15, 2001

 

THIS summer, based on the number of formal complaints filed, more Westchester residents than before have fallen prey to what Richard J. Linkowski, the county's deputy director of consumer protection, calls ''the fly-by-night contractors out there -- the guys who are here today and gone tomorrow.''

With real estate prices high, resale inventories low and the economy uncertain, many homeowners have decided to renovate their houses rather than look for new ones, Mr. Linkowski said. But it appears that as the demand for home improvement contractors has grown, so has the number of dissatisfied customers.

So far this year, the county Department of Consumer Protection has received 275 complaints from homeowners unable to resolve disputes with workmen -- up 10 percent from a year earlier.

''Unfortunately, contracting attracts some inexperienced workers who don't know what they're doing,'' Mr. Linkowski said. ''In part, that's because it's an easy business to get into.''

 

A contractor can set up a business simply by advertising in an inexpensive publication, installing an answering machine, renting equipment and purchasing supplies as needed, using deposits from customers.

Of 4,600 licensed contractors in the county, most are reputable, according to the Consumer Protection Department. ''But there are those who give the rest of us a bad name,'' said Ray Tobia, the owner of Tobia Construction in Yonkers. ''The good jobs notwithstanding, what people remember and what you hear about are the bad experiences.'' Or as one defrauded customer said: ''Sadly, some of us get taken.''

 

Lisa and Mark Solomon, who recently renovated the family room of their four-bedroom Cape in Ardsley, were among the 275 householders who lodged complaints with the county this year. ''We're smart people, and we asked for references,'' said Mrs. Solomon, who is a lawyer, like her husband. ''Yet this still happened to us.''

According to Mrs. Solomon, the flue liner that a chimney company installed in their family room was too small. As a result, she said, the first time the fireplace was used after the work was completed, billows of smoke poured back into the freshly painted room, and the local fire department had to be summoned.

 

The contractor offered to install another liner, but the Solomons demanded a refund. And when Mrs. Solomon threatened to sue to get their $700 back, the person at the other end of phone said she and her husband would close their small business first, Mrs. Solomon said. But even if the Solomons had taken the case to small claims court, they would have had to file the claim in the municipality where the chimney company was located, which was not easy to ascertain since the business used a toll-free phone number and is outside of Westchester County.

 

IN another case filed with the county, Stephen Kaplan, a corporate executive, decided that rather than move, he would renovate the four-bedroom home in White Plains where he and his family have lived for 19 years. Mr. Kaplan and his wife, Grace, expanded the master bath, added closets over the garage and installed a new roof.

 

Most of the renovation work proceeded smoothly, but shortly after the roofing contractor left, the Kaplans noticed ridges in the roof. Despite many phone calls and direct meetings, Mr. and Mrs. Kaplan were unable to get the problem corrected.

In Dobbs Ferry, a television executive who described his experience on condition that his name not be used, gave a contractor a $10,000 deposit for a new swimming pool. When he learned a few days later that a pool on the steep slope of his backyard was unlikely to comply with the town's zoning laws, he changed his mind and asked for a refund. His request was repeatedly ignored.

 

In all three cases, the homeowners turned to the County Consumer Protection Department. Even though it has limited legal clout, the office can take civil action if a contractor has violated the consumer code, and it can issue an appearance ticket, requesting that the contractor come into the office.

 

If a contractor fails to respond to an appearance ticket, the department can revoke his license. It can also ask the district attorney's office or the state attorney general's office to file charges against a contractor for operating without a home improvement license. Failure to be licensed is a Class A misdemeanor that carries a fine of up to a $1,000. It is to the benefit of a contractor to be licensed because without a license his business has no standing in court.

 

Most complaints lodged with the Consumer Protection Department of the county are valid, although some are not, said Mr. Linkowski. ''Of course, all complaints are valid in the eyes of the complainants,'' he said.

 

The Solomons, the Kaplans and the Dobbs Ferry homeowner all got their money back, thanks to the efforts of the county. But before pursuing any case, the department attempts to verify the validity of a complaint by listening to both sides and sometimes paying a visit to the site. The department tries to negotiate a settlement to avoid litigation and small claims court, said Elaine M. Price, its director.

 

In addition, the Department of Consumer Protection this spring began undercover operations using inspectors in unmarked cars to catch unlicensed contractors. The inspectors look for homes where there are landscaping trucks or contractors' vans, for example, without the required decals or rear bumper sticker stating the contractors are licensed. Since May, the county has found 61 contractors operating illegally. Such violators are given 10 days to obtain licenses. If they fail to do so, they may be issued tickets and ultimately face fines for failing to have licenses.

 

Before it issues a license, the county conducts a background check to determine whether the applicant has the proper insurance and workers' compensation coverage and whether there are complaints or judgments on record against the applicant. The license costs $250 and is good for two years.

 

Most contractors, like Michael Di Sisto, president of the Suburban Construction Company of New York in Port Chester for the last 22 years, said reputable workmen were pleased that the county was cracking down on those who give the business a bad name. ''But some of the towns that issue the building permits don't follow through and also make it mandatory that a contractor be licensed,'' Mr. Di Sisto pointed out.

 

To help consumers, the county Department of Consumer Protection maintains a Web site, which includes a list of licensed home improvement contractors. Consumers can request information on complaints lodged against the contractors.

The site also includes tips on what to look for when hiring a contractor. Among other things, it recommends getting more than one estimate, especially if the job is big; asking for references on recent jobs and names of local suppliers who have dealt with the contractor; and checking a business's dependability and reputation by contacting the Department of Consumer Protection, the Better Business Bureau, Chamber of Commerce, district attorney, trade associations or local building inspectors.

 

ALL contracts, the department says, should include, among other things: the name, address, telephone number and license number of the contractor; the scope of work to be done; the brands, models, colors and grades of materials to be used; and guarantees on workmanship and materials. The contracts should also specify who procures and pays for permits, who has responsibility for carting away construction debris and when the work will commence and be completed.

 

The Department of Consumer Protection also recommends giving as small a deposit as possible and avoiding cash deposits. Some contractors like Mr. Di Sisto, whose work involves jobs costing $200,000 or more, do not require deposits, preferring instead to bill the customer as the work proceeds. ''It's not very good customer relations to sign a contract and right away stick out your hand for money,'' he said.

 

Moreover, the department suggests ascertaining before the work begins that the electric service coming into the house is adequate for the job being done. It recommends getting the names of all subcontractors, scheduling payments so that the final payment is due 30 days or more after the work is completed, including a penalty clause in case the job is not finished by the completion date and checking with suppliers and subcontractors to determine whether they have been paid.

 

More tips are available on the Web site at www.westchestergov.com or by calling the Department of Consumer Protection at (914) 995-2155.