Expert: Roger Zona - 3/23/2011

Question
We moved into our new house about 6 months ago, however, a few months before the completion I had notified the contractor that there were several issues that needed to be addressed.  One of the issues being outlets that were not installed correctly (not an electrical but a cosmetic issue) and seams on the walls and ceilings.  Those were addressed in February.  Now, the entire house needs to be repainted and we will need to vacate our house for 7-8 days.  Do I have the right to ask our contractor to cover the cost of the hotel, and are there any other costs that he should be accountable for?
Thank you.

Answer
Hello Cathy N.

I can't give you legal advice but I can certainly tell you my opinion.

As a homeowner, there are certain steps you should follow when confronting your contractor about problems you perceive.  First, it is usual for the contractor to guarantee your home for a minimum of one year.  Where I live, that's a state law.  You can call you governing building official or state licensing agency to verify a guarantee requirement.

Next, you should have had a thorough walk-thru just prior to closing.  For a single family free standing home the walk-thru should take 2 or 3 hours and should cover everything from landscaping, exterior finishes and every part of the interior.  For example, areas out of sight are often need correction - such as the joint under a window sill where the drywall meets the wood sill.  The inside partitions of closets often are not given proper attention and the finish is rough.  Did the contractor give you all the factory documents for appliances, heating/cooling system, hardware, windows, etc.  Is the electric distribution panel properly marked and each breaker identified?  These are a few of the things you should expect.  (I should write a manual for the new home buyer!)

I assume you have discussed these problems with your contractor and he has agreed to make corrections.  I don't understand the necessity of vacating your home for re-painting.  Interiors are painted everyday with the owners remaining in residence.  However, if the contractor is requiring the vacancy, then he should be prepared to cover the cost of a motel/hotel while the job is being completed.  What about moving furniture, protecting the furniture and flooring, and who re-hangs pictures and replaces switch and outlet plates that must be removed before painting.

You should ask the contractor to submit a letter to you outlining everything he will be responsible for including the type of paint to be used, the colors you have selected and the item I mentioned in the previous paragraphs.  Don't be surprised if he intends to spray paint all the surfaces.  That's not a good idea for interiors unless the contractor is extra careful and attentive to protecting windows, tile, carpeting, etc.  Spraying is quicker and uses less paint.  None of his work should void the remainder of the guarantee.

I hope this has been helpful.  Good luck.

Roger
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