This article is Part 2 of a 3-article series. To read Part 1, click here.
This article is Part 2 in a series of articles discussing common considerations for homeowners before, during, and after residential construction projects. Part 2 focuses on what homeowners should look out for during the construction process.
Communication is Key
Frequent communication with project managers, contractors, and/or owners’ representatives regarding your project is key. There are a couple of points to keep in mind, however, when communicating with any party regarding your project.
First, it is good practice to use your personal email and/or personal cellular device – as opposed to a work email/phone – when communicating regarding your project. Your employer controls your work email and/or work phone. We recommend that you keep all project-related communications strictly personal to avoid any issues or conflicts with your employer.
Second, it is good practice to segregate all related emails and messages regarding your project in a folder, drive, or category (depending on your email provider) for convenience and good record keeping. In a construction project, even a small one, there are often hundreds of documents and communications. A need may arise to find a certain document or email that was sent on a certain date. For peace of mind and ease of reference, it is best to keep all communications with project parties separated into a folder within your email.
Third, contractors frequently communicate with homeowners via text message to keep them updated on project-related activities. It is good practice to keep all communications to email only as best as you can. In the event a dispute arises regarding your project, text messages between yourself and a contractor may become discoverable which may involve copying the contents of your personal cellphone. To avoid this, keep all communications to email. If you must text, limit text messages to strictly scheduling and logistics-based communications.
Progress and Payments
Photographs & Notes
It is good practice to take photographs of the work and take notes as the project is progressing. These photographs and notes can provide invaluable insight into the pace and quality of work. As with emails and communications, keep records of these photographs and notes in a separate folder organized by month and date.
Payments
Depending on your contract, you may have to issue payment to your contractor on a set schedule or on the occurrence of certain project milestones. Make sure to track these milestones prior to work commencing so you are prepared to address them as they are submitted. If your contract calls for the contractor to submit payment applications, make sure to review these applications closely for accuracy. If there are any discrepancies in either the funds sought or the work performed, raise this issue with the contractor immediately. Many issues can be avoided with frequent and prompt communication. Note, if you ignore any discrepancies and remit payment in response to an application, you may waive the right to challenge it later.
Change Orders
A change order is alteration of or addition to the project’s original scope. Change orders can cover changing materials, adding new features, or modifying the project design. These and other changes can vary widely in cost and scope. They often are driven by owner preferences (granite countertops vs. quartz) or unforeseen issues (discovering water damage, unanticipated site conditions, or hazardous materials, for example). Under certain circumstances, change orders may also cover external factors, such as changes in regulations or market conditions for project materials.
Any party may initiate a change order. If you decide to alter your project’s scope, make sure expectations regarding materials, scope, and cost of the modified work are clear. If your contractor presents you with a change order, review it carefully and ask for a detailed explanation of why it is necessary. As stated above, frequent communication is key. Change orders are often an inevitable component of construction projects, but they do not need to be a significant issue if expectations are clear between both parties.
Conclusion
If any dispute arises during the construction phase of your project, you should consult a construction lawyer to review the contract, gather the facts, and offer guidance. While any work is occurring on your project, make sure to keep good records, closely review payment applications and change orders, and communicate often with your contractor to avoid problems before they arise.
Part 3 of this series will feature homeowner considerations after construction.
