Is Your Property Renovation Safe from Contractor Fraud?

There are far too many stories of property owners victimized by unprofessional building contractors. These stories most often involve an inexperienced investor renovating a property they do not live in.


Janice was excited about renovating an inheritance property. Her grandmother recently passed away and bequeathed the home to Janice. The property was located in a valuable part of Philadelphia, but needed substantial work. Janice heard how easy it was to generate rental income from friends who did house flipping. She had no investment experience, but had high hopes for creating a passive income stream. The only obstacle was that the property required $50,000 in renovations.


Janice did not know a professional contractor so a family friend recommended Bob. The friend recommended Bob because he installed a lighting fixture a few years ago. Janice was unsure whether Bob was competent to handle a $50,000 renovation job, but she trusted her friend.


Bob met Janice at the property where he did a 20 minute assessment. He also brought a “renovation agreement” with blank fill-in sections so that the proposal could be created on the spot. He estimated $50,000 for the project, but explained that the final price would depend on whether new problems were discovered.


Bob’s one page “agreement” was light on details. Bob hand-wrote the items to be completed along with corresponding sections of the house. Bob also listed the $50,000 estimate, but no other financial details. The agreement did not provide any target dates, timelines, project stages, or a payment schedule. There agreement also lacked a breakdown of how the $50,000 would be used. Janice expressed concern over whether the estimate included the cost of materials, but Bob assured her the quote was a “flat fee”.


The lack of specifics made Janice nervous, but then she remembered her friends’ stories about how easy it is to make money in real estate. She handed Bob a check for $20,000 check to get started.


Bob began work right away when he brought in a subcontractor to do a cleanout. Janice did not receive an invoice or receipt for the subcontractor’s cleanout but was happy the project was underway. After a several week delay, Bob’s employees began flooring replacement and electrical systems installation.


Problems began when the City of Philadelphia issued a “stop work order.” It turns out that Bob didn’t obtain the required permits. Janice was angry, but Bob assured her it was just a misunderstanding with the City. Janice’s fears were confirmed when it took four more months for Bob to obtain the permits. She later discovered the long permit delay was due to the fact that Bob was not a licensed contractor. Bob had to first complete the licensing process before he could address the permit situation.


Work eventually resumed but progress moved at a glacial pace. After completing a few minor steps toward project completion, Bob began insisting on additional payments. Janice reluctantly agreed to give Bob two additional payments of $5,000 each with the hope that the rental income would follow. Unfortunately, one year after the project commenced Janice was out $30,000 and her property remained uninhabitable.



Top 10 Ways a Property Owner Can Prevent a Sidewalk Slip and Fall Judgment

Real estate investors who hold rental properties typically carry policies of insurance to cover personal injury claims. If a person claims injury due to a sidewalk slip and fall, the insurance company will pay any adverse award.


Sidewalk injury claims against property owners are common in Philadelphia. The City of Philadelphia does not maintain sidewalks. Each property owner is responsible to maintain their own sidewalk. Property owners who do not have insurance coverage are at risk of a major personal injury judgment.

Uninsured property owners facing an injury claim often believe a judgment is inevitable simply because the sidewalk contained a defect. But the simple fact that the sidewalk was in a state of disrepair does not guarantee a judgment.  


Below are 10 defenses that can help avoid a sidewalk slip and fall judgment:


How to Take Charge of Your Easement Dispute

Easements are often known as a right-of-way. Easements are the right to use part of another person’s land for a specific purpose. A simple example is the right to travel on a private road to gain access to otherwise inaccessible land. The easement holder does not have a right to possess the land – it is only a right to access the servient property for a specific purpose. The easement holder is also prohibited from using their access in a way that would unreasonably disrupt the landowner’s enjoyment of the property.

Easements are usually created by a contractual agreement or negotiated through a deed transfer as part of a property sale. But easement rights can also arise without a written agreement such as a right of way for a land-locked property (“implied easements”), or when a landowner fails to stop continued trespass for 21 years (“easement by prescription”).