“If you don’t know building construction, you need to know your building contractor”

By Ed Hantel

In the last few months, several homeowners, desperate to have their homes repaired after the flood in the Nashville area, have contacted me to assist them when their project didn’t go as planned. Many of these homeowners were told by their proposed contractor to obtain their own building permits from their county codes department. This places the homeowner in the role of the contractor and the person he/she hired in the role of the sub-contractor. As a result, when sub-contractors hired to do the work fail to meet expectations, the homeowner bears the full responsibility for the job.

He/she cannot just walk away from the project as so many sub-contractors could. As the contractor, the homeowner is now stuck with shoddy workmanship and an unfinished project. These homeowners were hurt both by the flood and by the poor workmanship. Below are three examples, not related to the flood, that illustrate what happens when a building construction job goes wrong:

Example 1. A woman was having a studio built behind her home. She obtained the building permit, purchased all the materials, and hired a local handyman to construct the building. She watched the construction, but having no knowledge of construction procedures, she was unable to identify potential problems in the construction. When the building started to sag, she knew something was not right. Unfortunately, instead of correcting the problem, the handyman merely walked away from the job with his labor money already paid. In the end, the building had to be dismantled and rebuilt from the bottom up.

Example 2. Another woman needed her bathroom renovated. She had her bathtub re-glazed and it peeled after a short time. Next she had a local company cover her bathtub with a tub liner, which was satisfactory to her. However, when she wanted new porcelain tiles installed around the bathtub walls and floor, she hired two local handymen to do the job. The handymen removed the old tile from the floor and walls and installed green board drywall around the shower walls over which they installed the porcelain tiles.

Building codes have never approved green board in a wet area as a tile underlayment. These handymen were unaware of the code requirement and proceeded to install the tile incorrectly. After removing the old tile from the wall and installing new drywall, they discovered a one inch gap between the existing bathtub liner and the newly installed drywall. The tub liner was also flexible, which did not allow them to tile to it.These handymen didn’t know how to solve the problem with the significant gap. They planned to use one inch of silicone caulk to keep the water from going between the tub and the walls.

Although this homeowner did not have a lot of construction knowledge, she knew something was not right. She decided to fire the handymen and hire a professional contractor who had to tear out the shower, tub, and floor and rebuild it correctly. The woman remarked that this has been a very expensive lesson to learn.

Example 3. A couple purchased an older home that had previously been renovated into several housing units near a local university. They wanted to expand the living space of two units and proceeded by enclosing in two porch areas. They hired what they believed to be a “contractor,” but never checked out his credentials. The contractor asked them to obtain the necessary building permit and then proceeded to renovate their home (NOTE: porch requirements have different building load calculations than a closed in living space and the contractor did not take this into consideration). The homeowner was also unaware of these specific building requirements and consequently, the renovation job was poorly constructed. Water penetrated down through the walls and black mold formed in the walls, floors, ceilings, and insulation, as well as the basement. The contractor left the job saying the homeowner should call his insurance company to cover his faulty construction. Since the homeowners obtained the building permit, the contractor believes he is not responsible because he is merely a sub-contractor for the homeowner.

What To Do Before You Start A Building Renovation Project

When considering a home remodel or building construction, consider contacting the Home Builders Association of Middle Tennessee (HBAMT) and/or the National Kitchen and Bath Association (NKBA). Request the names of building contractors and remodelers that belong to the association. Ask for recommendations and choose at least three building contractors to interview and obtain a written bid (you may have to pay for these bids as they are quite comprehensive and time consuming). Study the three bids carefully to ensure that everything you want is included, to minimize any change orders once construction begins, as changing the project later may be costly. You can also find out if the contractor has any complaints against his/her company by contacting the Better Business Bureau (BBB).

Require the contractor to provide you with current documentation regarding the following information: 
1. Is the contractor licensed as a contractor by the State of Tennessee? You can check with the Tennessee Board of Licensing Contractors, 615-741-8307 or email This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
2. Is the contractor bonded by a Tennessee State approved insurance company? Ask to see proof of the current contractor's bond.
3. Does the contractor have sufficient liability insurance? Request to see proof of current liability insurance.
4. Does the contractor have workmen’s compensation insurance on all his workers and subcontractors? Make sure everyone on your worksite is insured.

Please Note:  If your contractor does not have all of these basic credentials, you, the homeowner, could be liable for everything that is done or happens on your property. When you, the homeowner, obtain your own building permit, you are also required to have sufficient liability and worker’s compensation insurance on all the people that work on your project.  The value of your home may be placed in jeopardy to cover the risk of Worker's Compensation Insurance and/or builder's risk liability. As many homeowners do not own their home outright, your lending institution may also require you to take out builders risk insurance. They could foreclose on the property if you refuse. In addition, if you, the homeowner, do not obtain a building permit and proceed with an unlicensed contractor or remodeler, you are fully responsible and liable for everything that happens on your property.

It is best to make all your design and material decisions before you sign a contract. This way you can compare the contracts for their comprehensiveness and types of materials that will be used. Be careful when proceeding with a contractor that bids a job with allowances for materials but does not identify them specifically. Some contractors “low bid” the contracts so you will have to upgrade everything on the materials list in order to get what you really want. This leaves you vulnerable to costly change orders. In order for your project to be successful, you have to evaluate the total project cost, quality of the materials and workmanship, dependability of the contractor, and his ability to complete your job in a timely manner, and mutual trust and respect that you have with the bidding construction companies.

Good luck in hiring a respected, honest contractor. They are out there and are looking for your business. I hope this information has been helpful.