Appendix 314-B Client Contractor Guidance

Georgia State Seal

Georgia Division of Aging Services
Home and Community-Based Services Manual

Chapter:

300

Effective Date:

03/01/2023

Section Title:

Client Contractor Guidance

Reviewed or Updated in:

MT 2023-02

Section Number:

Appendix 314-B

Previous Update:

June 2002

Homeowner Beware: Things to Consider Before Entering into a Construction Contract

Under the Home modification and repairs, you,_____________________________, the Owner(s), are responsible to select your own contractor and enter into a contract for the necessary repairs/modifications. Because neither the Georgia Division of Aging Services nor the _____________________________ Area Agency on Aging guarantee the contractor’s performance, you must be diligent and thorough in your selection of a contractor. This document provides you with tips on selecting and working with contractors.

If it sounds too good to be true, it probably is.

Be cautious of contractors with estimates much less than others. For example, if two bids come in at $5,000 and a third bid comes in at $1,000, it is likely that the third contractor will have to cut corners during performance of the work.

Confirm insurance, licensing and permitting.

Only licensed contractors should perform work on your property. It must be a contracting license, not just a business license. Also, even if the contractor produces a copy of his insurance, you should call the insurance company to confirm coverage is still effective. Finally, talk to local code enforcement office to make sure the appropriate permits are taken out.

Compare bids.

Contractors should be able to defend every line item. If something is priced on one bid and not another, ask why it is missing.

Contact references.

Ask the contractor for four references, preferably two clients of current projects and two clients from the last two projects. Verify the contractor’s work is good.

Carefully consider upfront costs.

DAS/AAA discourages payment of upfront costs. If you must pay such costs, they should only equal materials costs. Understand that AAA cannot reimburse a project until it is complete. AAA will not pay for upfront costs.

Reputable contractors will likely have a waiting list.

Beware of scammers who knock on your door and tell you a job just fell through and they can give you a good deal.

Plan for surprises.

Modifications may reveal pre-existing issues or structural integrity problems with your home. For example, demolition of walls may reveal hidden defects. The Home Repair and Modification Program cannot fund repairs of these issues. Ask the contractor what they see as potential problem areas. You are responsible for costs associated with pre-existing issues or structural integrity problems that fall outside the scope of work approved by the AAA. Before contracting with the contractor, know that you may have to fund repairs of these issues so that the contractor can complete the work.

Remember that the Home Modification and Repair Program is unable issue payment to a contractor until the work is completely finished. If a contractor completes half the work before discovering the issue(s), you will be responsible for remedying the issue(s) so the contractor can continue.

Be cautious of bringing friends in to help or repair issues.

Friends not under contract with you may not be liable to you for substandard or delayed timeliness of work. Conversely, the law requires a Georgia licensed contractor to provide you a written warranty.

Develop a very specific work scope.

You should work with the contractor to make sure each material and item of performance is as detailed as possible so each party understand what is expected. Being specific up front can prevent disputes later on.

Warranties.

Make sure you obtain and read a copy of the contractor’s written warranty before construction begins. The materials used will also have manufacturer’s warranties, which you should ask for as well.

Note:

Home modification and Repair service workers may not perform all tasks identified as necessary through the proper assessment tool(s) due to budgetary constraints. Information regarding those needs should be referred to appropriate AAA staff for a referral to other community resources.

_________ Owner Initials
_________ Owner Initials

If you believe the contractor is performing substandard work or has negligently or intentionally caused property damage or personal injury, you will be responsible for obtaining any remedy against the contractor. Neither the Division of Aging Services nor the Area Agency on Aging will make legal claims or demands against the contractor on your behalf. You may need to speak with the contractor, his or her insurance company, and/or consult with an attorney. Understand that Georgia law and your contract grants the contractor a right to remedy his or her performance before you can pursue legal remedies. The Home Modification and Repair Program cannot fund activities such as:

  • Remediation of substandard work performed by the contractor.

  • Repairs of property damage caused by the contractor.

  • Legal fees for pursuing remedies against the contractor.

Liens. In Georgia, contractors and subcontractors can record a lien, mortgage or other security interest on your home for unpaid amounts owed for services performed or materials supplied. For example, subcontractors not paid by the contractor may file a lien. Your failure to permit the contractor to finish his work and receive payment from the Home Modification and Repair Program may also result in a lien on your home.

By evidence of Owner(s)’ signature below, Owner(s) certifies that he or she is (are) the sole person(s) with ownership interest in the property and has read, understands and agrees with this document.

_______________________________
Owner

_________
Date

_______________________________
Owner

_________
Date