Terry Berg, right, and her husband Randy Johnson, who went through… (Baltimore Sun photo by Barbara…)
March 20, 2011|By Eileen Ambrose, The Baltimore Sun
With spring here, your thoughts might turn toward home remodeling. But even before the first nail is pounded, you have plenty of work to do.
You must find a trustworthy, experienced contractor and negotiate a deal so no ugly surprises pop up. For Maryland homeowners, that's not so easy.
Sure, the state licenses contractors, but that's no guarantee the contractor is skilled or the job will be completed as promised.
Information the state provides on a contractor's record can be sketchy and — as I found recently — inaccurate or incomplete.
And while homeowners burned by a licensed contractor can seek restitution from a state-run fund, the process can take up to two years. Even then, the money isn't enough to cover losses on major projects.
While this all may sound daunting, there's a chance now that the legislature will improve things for consumers.
The Maryland Home Improvement Commission, which has regulated contractors for decades, expires next year. Legislation has been introduced to extend the commission's life to 2022 and some homeowner protections have been added. But the legislature could go further. Consumer advocates, for example, want online access to complaints about contractors so consumers can make more informed decisions.
With the weak economy and home improvements down, complaints have dropped. The commission received 1,604 complaints in the last fiscal year, about half the number in 2004, according to a Department of Legislative Services' report. But complaints will likely rebound when the economy does.
"It's not something that happens all the time, but when it does, it's just devastating to people," says Rebecca Bowman, administrator of Howard County's office of consumer affairs.
Just ask Terry Berg and her husband, Randy Johnson, of Edgewater, who made many of the right moves before hiring a contractor six years ago but still got burned.
They interviewed more than a dozen contractors. Checked references. Made sure the contractor was licensed. "I read a book on how to hire a contractor," Berg says.
The couple hired Gregory L. Haigis' firm, Arundel Home Connections, to remodel their 1937 house. The initial estimate was $289,500, and Berg says they paid $87,000 upfront in March 2005.
The two say they were told the construction would take no more than a year, so they rented a nearby house to get out of the way.
"Instead of one year, it took us three years," says Johnson, a retired National Security Agency mathematician.
Work didn't start until that September and progress was slow, the couple says. In early 2006, the contractor asked for more money, telling them the foundation was finished and had passed inspection, Berg says.
But that wasn't true, Berg says. Once Anne Arundel County's permit office inspected the work, it issued a stop-work order because the foundation was in the wrong place, she says. The couple fired the contractor and sued. A judge awarded them $117,000 in May 2006.
"We haven't seen a penny of it," Johnson says.
The couple went through more hurdles to complete the project with other contractors and moved back home in 2008. They figure they spent nearly twice the original estimate on legal fees and other expenses to finish the house.
As for Haigis, he was indicted in December on five counts of carrying out theft schemes on several remodeling projects — including Johnson and Berg's — from 2005 to 2007. He couldn't be reached for comment. His lawyer did not return phone calls.
Berg and Johnson have since joined with other homeowners to form a group to fight for stronger consumer protections.
"To me, that was the only thing I could do to be able to let it go ... to learn what the law is and change it," says Berg, a consultant to nonprofits.
Steven Smitson, executive director of the commission for the past three years, says new legislation would add consumer protections.
The commission, for example, would be allowed to issue citations so it could move more quickly against contractors violating the law, he says.
Half the citation revenue would go toward hiring expert witnesses when the commission needs help deciding a homeowner's restitution claim, Smitson says. The commission runs a fund that pays up to $20,000 to homeowners wronged by licensed contractors.
The legislation also calls on the commission to report next year on establishing different levels of licenses based on a contractor's experience and capital. This has the support of consumer advocates and industry players because it would prevent novices from taking on big renovations they can't handle.
Consumer advocates want more changes, such as requiring contractors to buy a performance bond for projects exceeding $25,000 to cover homeowner losses if problems arise.