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Mississippi Homebuilder's Association supports licensed and insured builders to prevent scams
Tuesday, 27 March 2007

Scams can abound in construction
“Common problems in our area,” says Charles Lee, President of the Pearl River County Home Builders Assoc, “are foundation problems, electrical problems, and poorly braced roofs. Just pray for no snow in this county.” Another problem is lack of smoke alarms or old smoke alarms. These problems are typical of housing built by individuals with no license and insurance who use poor quality materials in order to make a huge profit.

Scams can abound in construction

By Gina Burgess
Lifestyles editor

PICAYUNE — “Common problems in our area,” says Charles Lee, President of the Pearl River County Home Builders Assoc, “are foundation problems, electrical problems, and poorly braced roofs. Just pray for no snow in this county.” Another problem is lack of smoke alarms or old smoke alarms.

These problems are typical of housing built by individuals with no license and insurance who use poor quality materials in order to make a huge profit.

“They will skimp on the foundation. A foundation is supposed to be at least 18 inches,” Lee says. It not only hurts the buyer, but also the whole construction industry in this area because a person who has a lower investment in materials can come down on the price of a house, effectively cutting down the profit margin below cost of a home built by a licensed and insured builder who uses good quality materials.

“The buyer thinks he’s getting a great deal,” Lee says, “when, in fact, he’s getting a raw deal.” The buyer doesn’t find out about the poor quality until the foundation cracks. Electrical problems may show up sooner than that, but who needs that kind of headache?

Lee said, “From what I know as an inspector, the Board of Supervisors has done the area a great service by instituting building code enforcement and licensing. Quality building practices will be followed by everyone.”

There are some steps you can take to protect yourself from the painful headaches of poorly constructed houses. Lee offers this advice:

-Get a written contract

-Get a copy of the builder’s license

-Get copies of the inspections as the work progresses

-Make sure the permit is in the builder’s name. This releases you from any liabilities. The State Board of Contractors says, “Beware when your builder tells you he/she does not need a license as long as you pull the permit. That makes you the contractor and as such makes you responsible for accidents on the job.”

-Get a copy of the workman’s compensation. Most home owner’s insurance does not cover construction work. If your builder is unlicensed and uninsured, you are open for liabilities of any injuries to workers.

-You can terminate a contract if you find out the builder is unlicensed and uninsured.

The exceptions to the Mississippi Residential Builders and Remodelers Act are related to individuals who are building or remodeling their own residence. These individuals cannot build more than two domiciles within a one year period of time. Employees of a licensed contractor are exempt as well.

The Act provides that the building official or other authority who issues permits for building may not issue a permit to an individual unless that individual produces his license or provides evidence he is exempt from the requirements of the Act.

The Mississippi Board of Contractors is not empowered to enforce the dictates of the Act, however local authorities are. Any individual who presents false information to acquire a license, or who builds a residence not for their own use without a license is subject to a fine up to $5,000 and up to 60 days in the county jail. Any building official who issues a permit to an unlicensed individual may face liability to the owner of the home for any damages that owner sustains as a result of the conduct of the unlicensed builder.

This comes from an opinion in a letter from Huval, Veazey, Felder & Aertker, Attorneys at Law, which states, “The Mississippi Supreme Court ruled that if a county inspections department knew a contractor who had contracted to perform work for homeowners was not licensed, then the county engaged in arbitrary and capricious conduct which would subject them to liability for damages.”

Be sure to check on the reputation of your builder. Any reputable company is proud of their work history, Lee said.

Mississippi State Board of Contractors advises the buyer to cool off and not sign a contract when a sales person pressures you, and avoid cash payments and signing off before a job is finished.

If you believe your builder is not licensed or you’d like more information about quality building practices, you can call the State Contractors Board at 800-880-6161 or Charles Lee at 601-749-4322 and leave a message. To file a complaint you can contact the Attorney General’s office at 800-281-4418, or the State Auditor, Phil Bryant for Katrina Fraud at 601-576-2800. A list of Home Builder Assoc. members is at www.prchba.com. The State Board has a searchable web site at www.msboc.state.ms.us.

http://www.picayuneitem.com/features/local_story_083193242.html?keyword=secondarystory

 
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