One of the biggest mistakes I find clients make when undertaking improvements on their home or business property is that they do not expend the time and resources to start the process in the right manner. The initial preparation and steps to be sure that the project will be properly completed often appear to be an unnecessary expense and delay, however it is extremely important to address these initial concerns. Several overlooked issues include:
1. Municipal Requirements – Very often a building permit is not obtained prior to the initiation of construction or if the building permit is obtained, the follow-up certificate of compliance or certificate of occupancy is not received. Equally disastrous is the failure to keep a copy of that building permit and then the certificate of completion in your records. If it is lost or never filed by the building department, a new inspection is required. This can require the new work to be brought to the then current code. It is my recommendation that both the landowner and the contractor retain a copy of the municipal approval of the construction.
2. Contracts – I am always amazed when clients come to me with a problem with a contractor and when I ask to see the contract, they either never received one or signed it without having it reviewed by an attorney, or even having read the same. Making sure there is a signed agreement and making sure that the agreement is reviewed prior to signing, protects both the contractor and the landowner from problems that result from misunderstandings, misconstrued promises or a simple misunderstanding of terms.

written by Stephen Diamond of Vergilis, Stenger, Roberts, Davis & Diamond, in Wappingers Falls, NY. For more information, please contact them at (845)298-2000 or visit www.vsrp.com


















