Tuesday, October 30, 2012

Home Repairs & the Law - Homeowners Insurance Policy Tips

First, homeowners policies are all unique and must be read in their entirety. If you have any questions about your policy, you should contact an attorney rather than taking the word of your insurance company because they are not in the business of advocating for you and instead seek to minimize their payments / exposure.

Its important that you don't assume that you do or don't have coverage for a specific loss. There are many gray areas of coverage.

An important item to review in your insurance policy is if it pays Replacement Value or Cash Value for your damaged property.

Replacement Value refers to the cost to replace the property on the same premises with property of comparable material & quality.

Cash Value refers to the cost to replace with new property of like kind & quality, less depreciation.

To be clear, Replacement Value is much better for the insured than Cash Value as there is no depreciation taken into account when evaluating the homeowner's claim.

Next, you should check your deductible, take pictures of your losses, make a list of everything damaged / lost and promptly contact your insurance carrier to provide them with adequate notice (there are generally notice requirements to obtain your insurance coverage, including the way you provide notice and to whom).

Home Repairs & the Law - License Requirement in local Town or Village

While there are statewide laws for home improvement contracts & County / City laws, do not forget to also check your local municipality for their laws as well. Pursuant to General Business Law 775, local laws are permissible regulating home improvement contractors provided their are not inconsistent with State laws. So, a contractor may need to also be licensed on the local level. Additionally, there may be required contract provisions for your job.

While we have substantial damage from the storm throughout the region & need repairs, its important to ensure that these consumer protection statutes are followed by contractors along the way.

Home Repairs & the Law - License Requirement in Westchester County

All home improvement contractors in Westchester County need to be licensed. To read the Laws Governing the Licensing of Home Improvement Contracts in Westchester County, click here.

To look up if a home improvement contractor is licensed in Westchester County, click here.

Remember, if your contractor is unlicensed, they cannot enforce your home improvement contract against you & they are subject to arrest & prosecution.

Home Repairs & the Law - License Requirement in New York City

All home improvement contractors in New York City need to be licensed to perform the following services, among others:

construction, repair, remodeling, or addition to any land or building used as a residence. This includes, but is not limited to, the construction, replacement, or improvement of basements, driveways, fences, garages, landscaping, patios, porches, sidewalks, swimming pools, terraces, and other improvements to structures or upon land that is next to a home or apartment building. 

In New York City, there is also a license requirement called a Home Improvement Salesperson License for those who "solicit, negotiate, or offer to negotiate a home improvement contract with a property owner".

Click here to verify licensing in New York City.

Remember, if your contractor is unlicensed, they cannot enforce your home improvement contract against you & they are subject to arrest & prosecution. 

Home Repairs & the Law - License Requirement in Nassau County

All home improvement contractors in Nassau County need to be licensed to perform the following services, among others:

  • air conditioning & heating systems
  • carpentry work
  • ceramic tile & marble installers
  • cesspool builders & cleaners
  • chimney/fireplace builders, repairs, cleaners
  • doors, windows, awnings
  • dry wall contractors
  • fences and railings
  • fire escape stairs & ladders
  • floor installation & refinishing (including sub-floors)
  • garage builders
  • general contractors
  • insulation contractors
  • lawn irrigation contractors
  • masonry work
  • painting contractors
  • paving and driveway seal coating
  • power washers & sandblasters
  • reglazing/porcelain refinishing
  • retaining wall contractors
  • roofing contractors
  • sewer cleaners
  • siding installation
  • swimming pool (building, installing and maintenance)
  • tree surgery
  • vacuum cleaner central systems
  • waterproofing
  • well drilling

Check your contractor's licensing & open complaints by contacting Office of Consumer Affairs at (516) 571-3871.  To view the Nassau County Local Law, click here. Remember  if your contractor is unlicensed, they cannot enforce your home improvement contract against you & they are subject to arrest & prosecution. 

Home Repairs & the Law - License Requirement in Suffolk County

All home improvement contractors in Suffolk County need to be licensed to perform the following services, among others:
Arborists
Awnings
Basements
Cabinet Makers
Carpentry
Driveways
Dormers
Extensions
Excavating
Flag Poles
Exterminating
Fumigation
Flooring
Insulation
Garages
Landscapers
Kitchens
Painting
Masonry
Roofing
Railings
Siding
Storms & Screens
Tree services
Swimming Pools
Tennis Courts
Termite Control
Tile Installers
Weatherproofing
Waterproofing


Check your contractor's licensing & open complaints by contacting Office of Consumer Affairs at (631) 853-4600. There are more than 12,000 licensed vendors, so you can certainly find one for your job. Remember, if your contractor is unlicensed, they cannot enforce your home improvement contract against you & they are subject to arrest & prosecution.