Using Independent Contractors


Real Estate News

Using Independent Contractors


Written By: Benny L Kass
Sunday, February 17, 2019

Our legal documents require our Board approve an expenditure before it is incurred. For this reason, I am asking you 1 Do you think that the board should proceed with a legal opinion of our procedure for hiring contractors to work on our Common Element? 2 Can you give us an estimate of the cost that we would incur for you to proceed with this matter? Jimmy.

Answer: Jimmy. Thanks for asking for my assistance, but I do not mix my column writing with my legal practice. I am competent community association attorney in your area to assist you ndash; if you really need such assistance.

Frankly, I donrsquo;t think you have to spend any money on a legal opinion. It is ldquo;condo 101" ndash; or for that matter ldquo;common sense 101" ndash; that when anyone hires a contractor, he/she/it must be licensed in your state and must have proof of insurance.

The associationrsquo;s insurance agent ndash; who handles your master policy ndash; should be able to provide you with the guidance you need to protect the association, including all board members.

And when you hire a contractor, for jobs over an amount ndash; say 3000 ndash; a written contract must be entered into. Too many contractors use what I call the ldquo;two page specialrdquo;; it spells out a price, gives little detail as to the scope of work, and states that the association or the homeowner will be responsible for attorneys fees should they default in payment.

Thatrsquo;s not adequate. Good contracts can be obtained from the American Institute of Architects AIA.org. They should contain, at a minimum, 1 exactly what work will be done, 2 when it will start and when it is projected to be completed, 3 how payments will be made, 4 what rights do you have if the contractor is in default, and 5 should you litigate or arbitrate if there is a dispute -2- and in either situation, the prevailing party will be entitled to attorneys fees and costs.nbsp;



Copyright© 2019 Realty Times®. All Rights Reserved

 

Miami Dade Seller Services, Selling Your Home | The Reznik Group
Miami Property Search
Search in Spanish
Search in French
Search in German
Search in Italian
Search in Portuguese
Search in Russian
Search in Chinese
Facebook Twitter Linkedin Active Rain Instagram
Search by Map Miami Dade Seller Services Visit Our Mobile Website Sunny Isles Beach Penthouses

Bookmark this Site Client Login | The Reznik Group
Updated: Sunday, February 17, 2019

Working With Professional Real...
License RequiredState licensing law requires anyone acting as a broker or salespers...

HOA Volunteer Pheromones...
Develop a communication system.A frequent complaint of members is not being kept in...

Why You Should Just Say No to ...
Well therersquo;s an oversimplification. While we await a follow-up sometime NEVER saying th...

How to Find a Living Space Tha...
According to a US Census Bureau report, 12.6 percent of non-institutionalized Americans were...

Can Experian Boost Turn You in...
ldquo;The first thing most lenders look at when you want to buy a home is your credit histor...

Copyright ©2019 - Realty Times®
All Rights Reserved.

View All News
Ritz-Carlton Residences Condominium Construction Update September 2018
The Reznik Group is proud to feature the currently under construction Ritz-Carlton Residences...

Turnberry Ocean Club Construction Update - September 2018
The Reznik Group Miami Luxury Realtors is proud to feature the currently under construction...

View All Blog News