Hard won lessons....
1. Have any modifications and deviations from the initial written contract accounted for in print as a revised contract or updated itemized receipts. Make sure that every item on the receipt is accounted for in the actual construction job. There is no reason to accept oral agreements; a contracting job is a paid business transaction that should be documented, not a gentleman's agreement.
2. Whether the job is the installation of a bay window, a home makeover or other contracting procedure, it could involve parts that come with a limited manufacturer's warranty. If those parts, say, a brand name bay window, aren't installed to their specifications, the manufacturer representative that you may ask to inspect the job in case of future difficulties that the contractor is unable to resolve may warn you that a bad installation will nullify their warranty. While the contractor is at liberty to utilize the official manufacturing instructions as only a general guideline, be aware that any apparent discrepancies may not only increase the chance for post-installation problems but also risk cancelling out that warranty. As a precaution, you may want to invite a representative from the manufacturer to inspect the job as soon as it is completed, documenting the visit and obtaining confirmation from the official that the installation meets their standards. If they identify an apparent discrepancy that may contradict their warranty, you will have to immediately address this concern with the contractor.
3. If you must take the contractor to court, be aware that the judge may invest more weight on the contractor's presumably experienced word then any argument a layman can compile. Documentation that you present in court involving professional evaluations, no matter how credible, may not be admitted as evidence because the authors of the observations will probably not be present for cross examination even in small claims court unless you hired or had a subpoena issued. If brought up as evidence in court by either the plaintiff or defendant, oral agreements with individuals who are not present to be cross examined shouldn't be admissible but the judge may appear to give credence to such hearsay if issued by the defendant. That is why you want everything in the written contract/ receipt to accurately reflect the actual work that was completed. read more
