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  1. Review the contract: This is the governing document and hopefully the board closely examined it before it was signed. A good contract stipulates what each party’s responsibility is. This will help you understand your rights and the contractor’s obligations regarding work quality, timelines, and dispute resolution procedures. For example,  if there is a cost overrun who is responsible. The contract should state that. If there is a change in the project who is authorized to approve it?

  2. Document everything: Take detailed notes and pictures of the sub-standard work, highlighting specific areas of concern. Maintain a timeline of events, including communication with the contractor. I normally recommend for any significant project that pictures be taken and someone documenting the progress even if there are no issues. The documentation could be crucial if there is a dispute.

  3. Communicate with the contractor: Clearly and professionally express your concerns about the quality of work. Many times a good conversation is much more effective than a lawyer letter. I would always recommend at least 2 board members be present for these conversations. Refer to specific examples from your documentation and point out how their work falls short of the agreed-upon standards.

  4. Seek professional advice: Not getting the answers or action you want? Start gathering your experts.  1) I would hire a licensed home inspector to document the issues. A home inspector is independent and non-biased.  They can provide guidance based on your specific situation and in many cases what the correct repaired would be. 2) Talk to the association’s lawyer and review the contract details with them.

  5. Explore resolution options: A lawsuit is an expensive adventure. Many lawyers in the area charge between $400-$800 a hour for litigation. A lawyer could easily spend 40 hours just preparing for a lawsuit so you want to avoid this route unless its absolutely necessary. Most contractor’s have a mediation or arbitration clause in their contract. Mediation is a little cheaper as it typically doesn’t require lawyers to be present. Based on the contract and professional advice, explore options to get the situation resolved. This could involve requesting the contractor to rectify the sub-standard work, seeking mediation, or potentially pursuing legal action as a last resort.
Remember, clear communication, documented evidence, and understanding your rights within the contract will be crucial in ensuring quality work is ultimately completed. We are not lawyers, accountants or mediators so we always recommend you consult with your experts before you do anything!