by Admin5 Things to Consider When Hiring a Contractor
You’re about to lay your cash on the line to get some work done around the house or at your business. There are some important considerations you should keep in mind when hiring a contractor, regardless of trade. There are lots of excellent contractors out there, who do everything 100% above board. There are also some contractors who don’t. Here is a list of important considerations, to ensure you engage with the former — a reputable, reliable, and trustworthy contractor. If any one of the following is missing, or suspicious, think twice about hiring that particular firm.
Check License with the California Contractors State License Board (CSLB)
Working with a licensed contractor means you don’t have to investigate their credentials; the CSLB does that for you. There are a number of stringent requirements for any contractor across the various trades to get a CSLB license.
Check References
Ask for recent references from your prospective contractor — and check them. Make sure they’ve done (successfully) what they tell you they can do.
Make Sure the Scope of Work Matches Your Plans & Specifications
When they present a proposal to you, go through it to ensure what they want to do fits with your plans and specs. Letting them play fast and loose with the specifications is a recipe for problems and disputes down the road.
Make Sure Proper Licenses and Permits are Obtained
It’s right in the California Building Standards Code. Practically no type of work of any kind can be done on a building without a permit. Make sure the contractor you engage with completes and files all the proper paperwork.
Check the Contractor’s General Liability Insurance
The contractor you hire should carry their own general liability insurance from a reputable carrier. If they don’t and something unfortunate happens while they are working for you, it could spell big trouble for you and your insurance provider. Take no risks — make sure your contractor is fully and adequately insured for the size of the job they are carrying out.
These are just a few important considerations when engaging with a contractor, but a good lawyer well-versed in construction law can help you craft a strong contractor agreement from the start. Let our attorneys at Stryker Slev confirm that you’ve applied for the necessary licenses and permits and ensure your hiring process only results in qualified, above-board contractors. We can also help resolve the issues you might already be facing because you didn’t hire the right contractors. Schedule a consultation today!
Related reading: 5 Things that You Should Include in Your Contract with a General Contractor | How to Settle a Dispute with a Contractor
by AdminImportant Points to Remember Before Starting Construction
You may have crossed all the t’s and dotted all the i’s pertaining to the design of your new building. The architect and engineers did a splendid job – it’s a masterpiece – but it might never get built. That’s because there are a myriad of legal considerations regarding land use, zoning and permits which must be addressed well in advance of breaking ground.
Attempting to proceed with a construction project without all of them 100% looked after could put the brakes on your project before the first shovel hits the ground. Here’s a look at some of the legalities, and why it’s a good idea to have a competent construction lawyer on your side, as you wade through the morass of laws surrounding land use, zoning and construction permits.
The Police Power of a Municipality
This terminology has nothing to do with the beat cop in your neighborhood. The Police Power, as it pertains to municipal law, is the concept that a city has the power to protect the public health, safety and welfare of its residents. It’s a right, set forth in the California Constitution, granted to every municipality. Land use and zoning are a derivative of this power. Thus, cities get to establish the land use and zoning laws which govern how land is used.
Nothing Can Be Built Without A Permit
Period. It’s stated so, in the California Building Standards Code, and it applies not only to new construction but also to repairs, renovations, additions, and demolition of buildings or structures. A separate permit is required for each structure from the building official.
What can really complicate matters is that Code requirements vary among cities and counties in the state. There are three separate sets of Building Departments:
- City
- County
- Town
You start to see why it might be a good idea to enlist the help of an expert, just to get this part of the process right.
The Relevant Laws
When it comes to land use, there are at least five different statutory schemes in California you will need to be familiar with, for your proposed project. These include:
- Planning and Zoning Law, Government Code sections 65000 – 66035
- Subdivision Map Act, Government Code sections 66410 – 66499.58
- Environmental Quality Act (CEQA), Public Resources Code sections 21000 – 21189.3, 14 CCR 15000 – 153872
- Ralph M. Brown Act, Government Code sections 54950 – 54963
- Mitigation Fee Act, Government Code sections 66000 – 66008
Then there is the requirement by the state for each municipality to have a general plan including requirements and details regarding the following:
- Land Use Element
- Circulation Element
- Housing Element
- Conservation Element
- Open Space Element
- Noise Element
- Safety Element
You start to see why some professional help in this area might come in handy.
In Summary
All of the above-listed laws and statutory requirements must be met and approved in advance of any construction project’s initiation. Any one of them could impose serious obstacles to your vision and plans. That’s why it is so important to enter into any building project informed; the help of a qualified construction lawyer could be of tremendous benefit, in getting the job done right.
Related reading: Why Is Contract Review Important in Construction? | Legal Strategies for Managing High-Profile Construction Projects