As of December 2007, bankruptcy filings are up 28% from last year and are expected to increase in 2008 due to the combined factors of high household debt and rising mortgage costs. American Bankruptcy Institute

This is the article that no one hopes to need and we would prefer not to write. The word 'bankruptcy' is weighed down by such doomsday words as failure, defeat, impoverishment...well, you're getting the depressing idea. However, it is not 'the end of the world' to declare bankruptcy. Instead of running away from this topic, it is time to demystify bankruptcy with a little 'Bankruptcy 101.'

What is bankruptcy?

For most people, bankruptcy is a way to get a fresh start after acquiring too much debt. Most individuals who file for bankruptcy will file under Chapter 7 or Chapter 13. Depending on which is filed, one may get most of their debt erased or work out a workable solution with lenders to pay off existing debt.

Are bankruptcy laws determined by Federal or State government?

Bankruptcy laws are made by the Federal government. States can pass laws that protect the "lender and debtor relationship" but they cannot regulate how a bankruptcy is processed or if it is to be granted.

Can all debts be erased?

No. Whichever type of bankruptcy is filed, there are certain debts that cannot be erased at all. These include alimony, child support, most student loans and legal judgments against fraud or criminal negligence such as a drunk driving accident. Some taxes may be erased, but not all. In fact, taxes have their own set of bankruptcy rules.

Do I need a lawyer?

When filing for bankruptcy it is important to find a bankruptcy lawyer who can help you navigate the process. Bankruptcy lawyers specialize in this area of law and are familiar with the distinct differences and effects of the process; they can be your greatest ally in a tough, seemingly bureaucratic system.

How long will bankruptcy effect my credit?

Bankruptcy will stay on your credit report for 10 years. There are ways to improve your credit rating and make yourself more appealing to lenders. For more information on this, check out this useful website: www.lifeafterbankruptcy.com. It is not an easy road back and those filing for bankruptcy should have a realistic expectation to work hard at their future spending practices.

Do I have to do debt counseling?

Yes. Under the new bankruptcy act passed in October 2005, it is now required that all persons applying for bankruptcy meet with a government qualified debt counselor first. After one has successfully filed for bankruptcy, the debtor must again meet with a counselor before the bankruptcy file will be closed.

What is Chapter 7 bankruptcy? (In a nutshell)

Chapter 7 bankruptcy is also known as a "liquidation of debt." A person can file for Chapter 7 every 8 years. This usually involves the liquidation of property to pay back debts. An appointed trustee sells all secured, non-exempt property for the debtor and distributes money raised among the lenders. Unsecured debts, such as credit card bills and most medical bills can be erased. This may mean the loss of secure debts such as a home. However, most states do have protections for debtors in place to insure they may keep life necessities such as clothing and some furniture. Retirement funds such as IRA's are also protected and debtors may keep these as well. After the changes to bankruptcy law in October 2005, many debtors may not get approved for Chapter 7 and be required instead to apply for Chapter 13. In short, if you still have an income and make more than the median for a household of your size in your state you may have to file for Chapter 13. To find out if you should be filing for Chapter 7 or Chapter 13, you can use a mean calculator like the one at legalconsumer.com. Again, this is where consulting a lawyer becomes very important.

What is Chapter 13 bankruptcy? (In a nutshell)

Chapter 13 bankruptcy is also known as a "reorganization of debt" or the "wage earners' plan." One can file for Chapter 13 more often as long as any previous filings are already closed. This is the bankruptcy for those trying to a find a way to get out of debt but still expect to pay off some of their debt. Generally speaking, if you still have a source of income and could make payments, just not the high ones you have now, you can be restructured into a debt payment plan under Chapter 13. This is the most likely to be used to try to stop a mortgage foreclosure. In this scenario, you can keep the house, car and more than you could under Chapter 7. There are limits to the amount of debt that can be restructured. If one is above those limits they would file under Chapter 11, however, the average American Joe/Jane is not in this category.

More Resources
US Department of Justice - US Trustee Program
www.usdoj.gov/ust/
A complete listing of approved credit counseling agencies is available through links on this Web page. [Listed by state.] www.usdoj.gov/ust/eo/bapcpa/ccde/cc_approved.htm
A complete listing of approved providers of financial management instructional courses is available through links on this Web page. [Listed by state.] www.usdoj.gov/ust/eo/bapcpa/ccde/de_approved.htm

American Bankruptcy Institute
www.abiworld.org
The American Bankruptcy Institute is the largest multi-disciplinary, non-partisan organization dedicated to research and education on matters related to insolvency. ABI was founded in 1982 to provide Congress and the public with unbiased analysis of bankruptcy issues.

Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
www.govtrack.us/congress/bill.xpd?bill=s109-256

Bankruptcy Action
www.bankruptcyaction.com
The objective of this website is to provide the person, thinking about filing bankruptcy, the information he or she needs to make an informed decision.

Lawyers Listings
www.lawyerslistings.com/about.shtm
Our mission is to present to the Internet community an easy-to-use site in which to search for law firms and individual lawyers.

Life After Bankruptcy
www.lifeafterbankruptcy.com
On this website you'll discover everything I did to recover so quickly...and many other bankruptcy recovery and credit repair strategies you'll find nowhere else.

NOLO Bankruptcy Library
www.nolo.com
Nolo is your legal companion, empowering you and saving you money whenever the law touches your work, life or finances.

US Courts - Bankruptcy Basics
www.uscourts.gov/bankruptcycourts/bankruptcybasics.html 
Bankruptcy Basics provides basic information to debtors, creditors, court personnel, the media, and the general public on different aspects of the federal bankruptcy laws.

What can you do to prevent Bankruptcy?

1. Continue to take care of essential bills first: mortgage/rent, taxes, child support, and utility bills.
2. Eliminate frivolous expenditures. No more department store credit cards, cable TV, magazine and newspaper subscriptions, etc. Be honest about what you can live without with for a while. 
3. If you own your home, consider a home equity loan to get rid of high rate debts such as credit cards.
4. Watch your credit report. Close unused accounts, check for errors and resolve any questions with lenders immediately.
5. Know the warning signs: -Are you using credit cards to pay off bills or credit cards? -Are you borrowing against unprotected debt? i.e. Are you borrowing from a credit card to pay the mortgage? When you see you are bouncing debt around and not making any headway, it is a good time to look at credit counseling.
6. Warning about credit counseling: If you choose to do debt consolidation recognize that it will effect your credit score. Also, make sure you understand how the payments will work and if you can really make the payment - sometimes they are set too high!
7. Avoid aggressive lenders. If you begin to get offers for loans that sound too good to be true - they are! There has been a big push to penalize aggressive lenders who only help people acquire more debt. However, they are still out there and you should be a careful shopper of any loans you take.

Recently I was asked to inspect a vacation home in North Carolina. The owners said that the garage had suddenly developed a mildew problem which had never occurred in the 100 plus year life of the house. What I found was that water was running under the walls of the garage and collecting in the storage closet area. Since the garage had been closed for about four months, the mildew problem was quite severe. The owners said that they had never had this problem before, so I started by asking them what, if anything, they had done to alter the lot drainage. It turns out that they had hired an architect to design a screened porch on the flat roof of the garage, and had hired a local contractor to build it. My first question was; did the original garage have gutters? They said that it had some kind of drain in the flat roof which drained the water off the back corner of the structure. The original garage did indeed have a scupper feeding into a downspout which drained the water downhill from the structure, but this was abandoned when the porch was built. It didn’t take me long to realize that all the water falling on the gabled roof of the new porch was draining along the sides of the garage and running under the old walls. They solved the problem by installing gutters along both sides of the garage with downspouts to channel the water away and downhill from the structure. Gutters can sometimes be difficult to keep clean, but they do a very good job of keeping water away from the house.

Perhaps it wasn't the wind that slammed the door shut or there really is no one to match the footsteps down the hall? Or maybe it is a great marketing ploy for bed and breakfast inns and historical societies? Or maybe people are comforted or enjoy the idea of hauntings? Okay, so not all of us believe in ghosts, but the stories and histories behind many haunted homes can be just as unique as their "spiritual" residents. For a little fun and change of pace, we have compiled a short list of famous haunted homes and buildings in America. Dim the lights, sit back and enjoy a little Halloween-flavored fun and learn a little history too!

*Many haunted houses seem to get their start from murder or untimely death. Although we have not gone into graphic details here, please note that if you follow any of the links to the right, some of these sites do go into much more (sometimes gruesome) detail!

Alcatraz Island - San Francisco Bay, CA

The History: Not a house per se, but people "lived" there right? Anyway, Alcatraz started as a military fort in 1850. It was used as a military prison and then a federal prison after 1934. In 1963 the prison was closed due to the cost of operations. As a prison, Alcatraz had a reputation of being a hard place to live in which prisoners were there to be shut away rather than rehabilitated. Punishments could be harsh such as restricted diet, solitary confinement, and hard labor. There were the now infamous solitary cells like the "strip cell" and the "hole" that even made the most hardened prisoners think twice about breaking any rules.

The Haunting: This place was creating ghost stories before being shut down. Guards retell odd tales of ghosts attacking inmates or making noises. Today, there are still many haunting "hot spots" on the island. There is the utility corridor where three escapees were gunned down; this doorway is now welded shut but many say there is the sound of clanging against the door; perhaps something wants out... There are also reports of running in the corridors, voices in the cells and medical ward and screams from the dungeons and isolation units.

How to see it: Tours are available of the island and complex. Depending on the time of year, you may have to use different ferry system to the island. 

Driskill Hotel - Austin, TX

The History: Jesse Lincoln Driskill opened this hotel in 1886. The hotel was grand and luxurious, funded by his success as a cattle baron. In 1888, the family lost its fortune due to drought and a cold winter that killed most of the cattle. The hotel then changed from owner to owner with the most recent change of hands in 1995.

The Haunting: Driskill is claimed to still wander the hotel, puffing cigar smoke and turning lights on and off. There is the ghost of a small girl, daughter of a Senator who was left unattended and fell to her death while playing with her ball - she can still be heard bouncing the ball today.

How to see it: The hotel is open to guest today and offers all kinds of luxury and pampering. 

The History: Hannes Tiedemann built the house in 1865. Unfortunately, they lost four children in a short amount of time leading to some speculation of unnatural deaths. The house architecture aids in the mystery of the house as there are secret passageways and hidden rooms throughout. There are also rumors of Tiedemann having affairs that lead to jealousy and ultimately, to murder. One of the most tragic tales is that of Tiedemann hanging his niece to put her out of misery from her insanity or to punish her for her promiscuity.

The Haunting: Past residents have heard a small child crying and heard footsteps out in the corridor. There is also claim that the tower room where the "woman in black" can be heard choking. Lights also swing around and some objects have been moved or thrown.

How to see it: Today the mansion houses a private club restricted to members and their guests. It was rumored at one time they would eventually start tours to the building, however, nothing is posted on their website about this yet.

Heceta House - Yachats, OR

The History: This house accompanies a lighthouse on the Oregon coast built in 1894. Many families occupied the house complex over time which included a post office, school and the light house. But it is only the keeper's house that has tales of hauntings. Many believe this is the mother of child who fell off the cliffs back at the turn of the century.

The Haunting: The ghost named Rue is said to be an extra caretaker of the house. She makes it known if she is displeased with any activity in the house. One of the more humorous accounts was of her screaming in the middle of a card game, she didn't want them playing cards in her house!

How to see it: This house is now a bed and breakfast. It also has guided tours from its interpretive center. Although the current owners don't play up and advertise the ghost they have said guests have told them of strange encounters. 

Hickory Hill House - Equality, IL

The History: This house was built in 1842 by John Crenshaw. Although it was illegal to own slaves in the state of Illinois, it was legal to lease slaves from slave states to work in salt mines. John Crenshaw leased slaves from nearby states to work in his salt mines. It is also said that he would kidnap free blacks and force them to work in his mines and eventually sell them into slavery. All the slaves where kept in the upstairs attic in horse stall-like cells that opened to one large corridor. John Crenshaw had a particularly nasty reputation for cruelty and abuse.

The Haunting: The house opened as a tourist attraction in 1930 and many claimed to hear the rattling of chains and muffled cries from the attic. The home had the reputation that no one could spend the night. In 1978, a reporter named David Rogers was the first to spend a whole night in the house.

How to see it: Currently the house is protected by the Illinois Historic Preservation Agency and closed to the public. A grant was received in late spring 2006, hopefully it will be able to reopen soon!

Lemp Mansion - St. Louis, MO

The History: This house was purchased by William Lemp around 1864 to use as a residence and office for the family brewery. William's father had used a family recipe/method to create a lager beer. This beer quickly became popular and William's father abandoned his grocery store to become a full time brewer. The beer continued to be made by the family until 1922 when family mishap and prohibition forced them to shut down and sell for good. The mansion itself has a sorrowful history with one brother dying under mysterious circumstances and three other men of the family committing suicide inside.

The Haunting: With three suicides one can easily guess where the idea of ghosts haunting the mansion started. However, the families odd history of tales also leads to the idea of more ghosts. There is the rumor that William Lemp had an illegitimate son with down syndrome who was kept hidden in mansion attic his whole life. He is now said to be seen haunting the mansion and has the nickname "Monkey Face Boy." Tales of haunting first started after 1949 when the mansion was sold and turned into a boarding house. Strange knocking and footsteps throughout the mansion scared the tenants away so the house started to run into disrepair. In 1975, the mansion was saved and renovated and turned into a restaurant and inn. All types of sights and sounds have continued and are still reported today.

How to see it: Spend the night! Or take a tour if you're too scared... The mansion is a bed and breakfast that offers tours and a restaurant to those who don't want to spend the night. They also host a Halloween Party and Murder Mystery Dinner Theater. 

Lizzy Borden House - Fall River, MA

The History: As with so many haunted homes, this story begins with a murder. On the morning of August 4, 1892, Andrew and Abby Borden were murdered by ax in their home. Their eldest daughter, Lizzy was tried and latter acquitted of the murders. However, she was ostracized from the community for the rest of her life. Some consider that she had a split personality, even those close to here recall erratic and violent behavior. And of course there was the creation of the rhyme: Lizzie Borden took an ax Gave her mother forty whacks; When she saw what she had done Gave her father forty-one!

The Haunting: There is a strange woman who tucks guests into bed and perhaps the same woman can be heard weeping in the night. Objects move on their own and electrical equipment such as lights and cameras have some interference. Many claim the most active room is Lizzy's old bedroom - which you can stay in if you want...

How to see it: The home is now a bed and breakfast. You may spend the night, take a tour or even spend a weekend at Ghost Hunter University! To find out more,click here.

Myrtles Plantation - St. Francisville, LA

The History: This home was built by David Bradford in 1794 but stories of hauntings did not start until the 1950's. The house had a long history with many different owners. There is only one recorded murder of William Winter in 1871. However, there are many tales that are told about the home to justify the hauntings. Most of these seem to be fabricated tales, but many say that is just because the house is so haunted, people needed to make up some kind of explanation.

The Haunting: Among the haunting activity is the ghost of a woman in a green turban who some believe to be the ghost of a slave killed for poisoning the head mistress and her two daughters. Others claim that there is a woman but she is not a young slave but an older, unknown woman. There is also a little girl who has appeared as well as a frustrated piano player who continuously practices the same cord over and over on the old piano.

How to see it: You can dine in the restaurant, take a tour or spend the night. The choice is up to you. 

Villisca Ax Murder House - Villisca, IA

The History: On June 10, 1912, the Moore family and two overnight guests were brutally murdered. The ax murder of two adults and six children horrified the community and its story still horrifies people today. Regardless of the unprecedented effort of police, detectives and neighboring departments at the time, the case remains unsolved to this day.

The Haunting: The most common account seems to be of children's voices in the house. Things will also move unexpectedly and lamps won't stay lit regardless that there is no breeze in the home.

How to see it: Tours of the home are available through the Olson Linn Museum. They also offer night tours, but these must be arranged in advance.

Waverly Hills Sanitarium - Louisville, KY

The History: Okay, not a house, but since it has such a grand reputation of being haunted, we thought to include it. Waverly Hills opened as a hospital for tuberculosis patients in 1926. Tuberculosis was a dreaded killer of the time and most of the patients who entered would die there. It is estimated that at the height of the epidemic a patient died every hour. This large complex had a long tunnel nicknamed the "body chute" where the bodies were transferred to a train at the bottom of the hill. It was covered so patients would not be disheartened by seeing the number of dead being removed from the hospital. Because Tuberculosis was not well understood, there were many experiments that occurred, some were beneficial and some were more brutal leading to tales of mistreatment and abuse. In 1982, the hospital was shut down under allegations of abuse.

The Haunting: The tales of hauntings started after the hospital was shut down and allowed into disrepair. Transients, vandals and kids would break in. Stories began to spread of small children playing in the halls, lights going on when there was not power, doors being slammed, voices crying out, and various other ghoulish activities. One specific spot, room 502, is on the floor where the mentally ill tuberculosis patients were housed. This room was the nurses station where two nurses committed suicide on separate occasions for reasons unknown.

How to see it: There are tours run by the Waverly Hills Historical Society. Tours must be arranged as this is a private site and trespassers will be prosecuted. Overnight tours can also be arranged in advance.

Whaley House - San Diego, CA

The History: This house was a home, granary, court house, theater, ballroom, billiard, school and polling center. It was also the site where criminals were hanged before the house was built. Once built, it also had the tragic history of one of the Whaley girls committing suicide inside.

The Haunting: There are many ghosts in the Whaley House. There is "Yankee Jim" who was one of the criminals hanged at the site. He now stomps around the house with a heavy step and even the first family, the Whaley's, reported hearing him in the house. Thomas Whaley, the first owner of the house has been seen lingering around the upper landing. Thomas' wife, Anna, also wanders the downstairs and the garden. There are a few other apparitions and even a little fox terrier ghost dog that is seen on occasion!

How to see it: This house is now a museum and is open for tours on most days. Their website has more details about times and price;

White House - Washington D.C.

The History: The White House became the home to our presidents in 1800 with President John Adams being the first resident. There have been many presidents and first ladies in the home and some have decided not to leave...

The Haunting: President Abraham Lincoln is the most popular ghost with the most sightings. The first to see him was First Lady, Grace Coolidge. He has also been spotted by guards and guests. Other presidents that like to make an appearance are President Benjamin Harrison, President Andrew Johnson, President John Tyler and President Andrew Jackson. First Ladies that have made appearances include Abigail Adams and Dorothea Madison. There is also the apparition of a black cat which has been said to be seen before national tragedies such as the stock market crash of 1929 and before the assassination of President Kennedy in 1963.

How to see it: Of course you can still visit the White House today.  Winchester Mystery House - San Jose, CA

The History: Sarah Winchester, daughter-in-law of Oliver Winchester, manufacturer of the Winchester rifle, began the construction of this house in 1884 and kept the project going until her death 38 years later. The legend says she constructed the house continuously to confuse the bad spirits of those killed by the Winchester rifle. In the end it had 160 rooms, 47 fireplaces and various oddities such as doors leading to a sudden outside drop or staircases leading to the ceiling.

The Haunting: Some of the ghosts are said to have been invited by Sarah Winchester as she is said to have held a séance with them every night to determine the construction for the next day. Reports of footsteps, doors closing and opening, cold spots, and other paranormal behavior have been reported. However, some skeptics in the ghost hunting world believe the mansion is more of an oddity than a true haunting ground. Guess you'll just have to go to find out for yourself!

How to see it: The mansion is open to tours today. You can select a standard tour and see 110 rooms and their various oddities and details or you can also do a behind the scenes tour to see how the house functioned. 

No matter whom you talk to that is involved in a home sale transaction, whether it be the owner, buyer or real estate agent, everyone has a certain amount of reservation concerning a home inspection or “termite” inspection. But why, all that it entails is basically a visual inspection of the home and a short written report, right? So, who’s afraid of the big, bad home inspection? Everyone it seems!

Let me start by making an obvious observation. For most all of us, the single biggest investment we will make in our lifetime is the purchase of our own home. Not only is it an investment that we can’t have go sour, but we must make a comfortable, safe place out of the dwelling to protect and grow our families that we can live in happily and call “home”. And when we’ve outgrown or want a new/different home, we need to realize the equity we have built up in the property to help us purchase our next “home”. “OK”, you say, “I know all of this. What has this got to do with being afraid of home inspections?” Everything, actually, because it is well known that buying or selling a home is probably the second biggest stress we will encounter in our life. All the uncertainty and suspicions begin to “bubble to the surface” as the home sale process grinds on which skews our thinking, and sometimes our common sense. So, let’s look logically at what a home inspection has to offer for each participant in the home sale process. I want to start with the home owner who is thinking about moving and about to list his/her property for sale, because usually they are the ones that think they have nothing to gain from, and everything to loose from a home inspection. Nothing could be further from the truth.

No matter what “shape” the owner feels his/her property is in (good, bad or in between), the smartest thing they can do is spend the few dollars necessary for an accurate home inspection and “termite” inspection. Spending these few dollars in the beginning will save you major dollars and stress in the end. Possessing this information prior to listing your home for sale not only enables you to plan, but to price your property accurately. The information gleaned from the reports allows you to take care of any repairs that you feel you want to on your time schedule, and to obtain bids from various contractors for repairs you don’t want to tackle yourself, which could save you a lot of money in the process. When you do list your property for sale, you do so empowered with the knowledge that you know of, or have taken care of any repairs, and, you can go into negotiations with the buyer straight on because you have a “heads-up” on what the condition of your home is. This negotiating strength will allow you to realize as much of your equity as possible to be used to purchase your new home. Most real estate agents will appreciate this situation also because it takes most all the uncertainty and stress out of the equation, because, normally the inspection results are revealed shortly before escrow is to close and there is no time for obtaining bids or alternative actions, which can result in a “blown” deal with everyone unhappy.

Most everyone thinks that a home inspection and “termite” inspection are only for the “protection” of the buyer. That is only partly true. Sure the inspections are ordered to reveal any unknown/undisclosed issues. But, the buyer didn’t order and pay for the inspections to make the property out as garbage! The buyer likes and wants to spend and invest their hard earned money on the property and want to make it their “home”. As a prospective purchaser of a home and property, you want the inspection(s) to validate your decision to purchase that piece of property. You want to know what you are buying. You, of course, want to know what the big issues are, if any, but you also want to know the little things that will be an irritation or money drain before you sign the contract of sale. You want to make up your own mind as to what is acceptable as is, and what is not and needs to be negotiated with the seller. And just about as important, the home inspection is actually your first in depth “get acquainted” look at your new home because it covers information on so many of the homes’ components, systems, utilities and their locations. But even that is not all, if your home inspector is like most concerned inspectors’, he is your source for information you can turn to long after the close of escrow when everyone else involved in the deal has disappeared.

OK, I’m to the real estate agent and what the home inspection and “termite” inspection has to offer them. How about peace of mind? How about the good feeling inside that you have put together a home sale in which both the buyer and seller are happy and there is not going to be a bad case of “buyers remorse” now that escrow is closed? How about the fact that you are looked up to as an agent that demands full disclosure and still can close the deal BECAUSE EVERY BODY KNOWS WHERE THEY STAND AND WHAT THEY CAN EXPECT OUT OF THE DEAL! In the years I have been involved in inspecting homes, I can’t tell you how many times I have seen buyers follow through and close a sale of a home with major issues because they not only like the home, but because they are fully aware of its’ short comings and are mentally prepared to take it on. With truth and knowledge everyone comes out ahead. As I’ve been preaching for years, your buyer today is your seller tomorrow.

So in closing, there is absolutely nothing to fear from a home inspection or “termite” inspection except fear itself. These are “tools” to be used in a positive way to bring about a positive home sale experience, if you choose to use them in that way.
Ron Ringen owns and operates Ringen’s Unbiased Inspections, which is located in Sonora, California. Ringen’s Unbiased Inspections serves the beautiful gold country of California that includes the foothills and Sierra Mountains in the counties of Tuolumne, Calaveras and Amadore. Ron has been involved with the Structural Pest Control business for 43 years and has been a licensed Structural Pest Inspector in California since 1968. Ron is a licensed General Contractor (B) in California and has been since 1977. Ron is certified with the American Institute of Inspectors as a Home Inspector, Manufactured/Modular Home Inspector and a Pool and Spa Inspector.

You have a great idea of what you want to do but you just don't have the skills to implement it. Whether remodeling the kitchen, a spare room or adding on, some projects are better handled by professional contractors. However, make sure you do not get into an agreement with a contractor on impulse. Instead, picking a contractor should be a selective process that is well researched and prepared. This is not only a financial investment; this person (and their team) will be in your home and working with you on a project that may take days or, more likely, weeks to finish. A sound partnership is important. Below are some suggestions for planning out your partnership with a contractor. Also included are a checklist guide and contract example forms from our partner Lawchek®. All are helpful suggestions and tools before hiring any contractor.

Part I: Overview

The following points may help you in the process of hiring and working with a professional contractor.

Plan out your project.

Whether a full kitchen remodel or a new back patio, make sure to plan out your project in advance. You should know what materials you would like to use and what the end project will look like. If you are uncertain about various options, then consult an interior designer, landscape architect or architect. They can help take the ideas you have imagined and tell you how they can logically work. They can also help you create detailed plans of the project and a list of materials for its completion. Many times they will continue to work with you as the project is being completed as well. Having this type of plan in place before hiring a contractor is essential to ensure clear communication. If you start a project unsure of the final outcome you may cause delays and extra expense if you keep changing your mind. To have a large project planned in advance will help you to remain focused.

Determine the kind of contractor you need.

Will a general contractor be able to complete the whole project or will you need cabinet installer, plumber, electrician, etc.? Preplanning your project should help you answer some of these questions. You can be ready to interview contractors knowing that they either need experience in or will need to sub-contract certain aspects of your job. If they cannot do part of the project, will they expect you to hire a specialist (i.e. electrician) or do they have a partnership with one already established? Consider if they have previous experience with your type of project. Ask if they familiar with the architecture and age-specific concerns of your type of home. How have they met the challenges in the past?

Research any permits that may be necessary. With a plan from your architect or landscape architect in place you will now have an idea of how much you will be changing your home. You may ask these professionals as you work out your plan if the project will need building permits. You may also ask this to your contractor as well. However, keep in mind that although some contractors will handle the building permit process themselves as part of their contract, others may leave it up to the home owner. Some argue that only the contractor should handle building permits as this ensures they follow all codes. If you get the permit and the contractor does not follow the codes you may have a harder time seeking corrections by the contractor afterwards. As a first step, it will be very helpful to know whether you need a permit before even contacting a contractor. This is also key to avoiding any fraud. If you already know that your project requires a building permit but your contractor tells you not to worry about it, you have clear warning that this contractor may not follow local and state building codes, get someone else!

Consider the professionalism of your contractor.

This is the first basic step when looking at different contractors. Check and see how long they have been in business, if they are easy to talk to and if they are able to meet with your timetable expectations. Determine if all of their contact information is current. Also, look for a contractor that is easy to reach; if you are playing phone tag to obtain a quote it is a pretty good indication of what it will be like trying to contact them once your project is started! Find out if they are a member of any trade associations and stay current in their training. As an extra precaution, you may also want to research with the county if they have been named in any past law suits. Contact the Better Business Bureau, Attorney Generals Office, and local consumer protection agency to check on any past complaints.

Verify insurance and licence information.

Insurance: Always make sure the contractor is properly insured. You should receive a certificate of insurance from the insurance agency listing you as the co-insured. It should be original and not a photocopy. The types of insurance you are looking for: General/Personal Liability which will protect your property; Workman's Compensation which will cover the contractor(s) if they are injured while working on your property; and Automobile which will protect you against any claims if they damage another vehicle/object while on your property. All these will protect you from having your homeowner's insurance responsible for any mishaps or accidents that may happen. License: Not all contractors need a license in every state. Also, the cost of a project can sometimes determine if a contractor needs a license or not. In most states the more expensive the project, the more likely they need a license. A good online reference to find out about license requirements in your state may be found at Contractor's License Reference Site. If your state does require a license, make sure it is current.

Ask for references and call them! 

Ask potential contractors for references. Do not do any further business with contractors that refuse to supply references. The references should span both recent and older projects that are all similar to yours. If you are getting a kitchen remodel it doesn't make a lot of sense to talk to someone who had a new deck built. Once you have the contact information, do the most important step - call them! You may even see if they are willing to let you see the project first hand with the contractor or if they have photographs of its progress; your contractor may also have photographs available. Below are some sample questions to ask references:

• Are you pleased with the project result? When talking to references for older projects ask them how the craftsmanship has handled everyday wear and tear.
• Did the contractor stay on or close to schedule?
• Did the contractor stay on budget?
• Did the contractor follow the written contract? In hindsight, is there anything you would add to the contract?
• Was the contractor easy to talk to or reach when you had questions or concerns? Did the contractor stay on site to supervise his/her team?
• Did you get along with the contractor's team? The sub-contractors they used?
• Where you happy with how the contractor and his/her team treated your home and property? Any messes, etc.?
• If there were any corrections, was the contractor willing to make changes or did you have to place a formal request or hire someone else?
• Would you use this contractor again and/or recommend him to someone else?

Review estimates for differences and find out why.

Once you have three or more estimates begin to look at the differences. Why are some contractors lower or higher than others? Ask them to explain their estimate. For example, is an estimate lower because of different materials used and does this translate to difference in quality? Does one contractor have a larger team or expect to hire more sub-contractors? Is a contractor "saving you money" by cutting corners on safety, local regulations, etc.?

Create the contract.

Finally, the written contract you create with your contractor is extremely important. So much so that we have listed factors that should be considered for the contract in a separate section below. To review that section now, click here.

Part II: Checklist

The partnership with your contractor can be very rewarding experience if you make sure to plan ahead. With the items mentioned above in mind, we have compiled an easy to use checklist that will help you when reviewing various contractors for your job. We have listed the items below but you may also print out a PDF checklist by clicking here.

Hiring a Contractor Checklist:

• Where did I find the contractor? (Phonebook, Online, Friend/Family, Other)
• The contractor is licensed (if required) and registered as a business in this state.
• Contractor has all necessary insurance to complete the job safely. Including: Worker's Compensation, General/Personal Liability and Automotive.
• I researched any complaints with the Better Business Bureau, Attorney General’s Office and other local consumer protections agencies.
• This contractor does not have too many jobs and can fit my project within my time schedule.
• I obtained at least 3 references (from each contractor).
• I have called every reference and asked thorough questions.
• I reviewed at least one project site from the reference list in person.
• I have a detailed bid from this contractor. Including: describes all parts of project to be completed, estimated material cost, estimated labor cost, estimated time needed for completion.
• I understand everything in the bid and what that project will entail. I have asked for clarification on anything I do not understand.
• I understand the pricing.
• The contractor clearly lists the types of materials he expects to use.
• The contractor offers warranties on materials and craftsmanship.
• This contractor will obtain all necessary building permits.
• This contractor has provided a sample written contract of a previous project. I understand the wording of the contract and can easily see how to adopt a similar one for my project.
• This contractor is easy to talk to and has been easy to get a hold of for follow up questions.

Part III:

The Contract The written contract between you and your contractor should be taken very seriously as this will be the roadmap that both parties will use to ensure that everyone is kept on task and happy. The following items are highly suggested to be included into the contract. You may add and remove items as they pertain to your particular project or situation.

1. The contract should specify exactly what is expected to be done. Besides the project, any clean up, where materials will be unloaded, etc., should also be included.
2. Specify the dates for commencing and ending the project. It is also a good idea to detail what is expected if delays occur due to weather, material delays, etc.
3. Detail the materials to be used for the project and their cost; this includes brand names and other identification to make certain there is no confusion. Not recommended, but at the very least, detail an allowance specifically for materials with strict parameters.
4. The contract should detail the contractor's insurance clarifying that coverage is expected through his/her carrier.
5. It should be clear who is responsible for obtaining permits and what permits are required for completion of the job. Ideally permits will be obtained by the contractor.
6. Method of payment and payment schedule should be clear. Never pay for the entire job in advance! Depending on your state there may be a limit to your initial down payment. Usually it is enough to cover any special material costs and initial start of the project. There is usually an agreement to pay by interval as different stages of the project are reached. Again, detail this in the contract. Once written, make certain you both understand the payment terms before either of you sign.
7. Any warranties provided by the contractor should be detailed in the contract. Identify if they are full or limited warranties and describe exactly what they will and will not cover. If warranties include manufactures, make sure all of their contact information is included in the contract as well.
8. Finally, a method for dispute resolution should be included in your contract. This should detail how each party should be notified of any grievances. The best means would be mediation or arbitration as this can save you both money. However, if a problem does arise make certain every notice of a problem(s) is done in writing so you have record of your attempts at solving the problem.

As a general rule, be as detailed about the project and all expectations as possible. We have included some sample contracts from our partner site Lawchek®. These are only samples and should be reviewed and changed to fit individual project needs.

• Subcontractor Performance Agreement for Residential Construction
• Deadline Extension Amendment

This reference should answer basic questions. The questions recited on these pages are the more commonly asked questions of attorneys when a client first makes contact for the purpose of a better understanding of real estate legal matters. This is not a substitute for legal advice. It is never recommended that an individual undertake his or her own representation in such matters as real estate law, even though most states do permit such activity. Any individual who is serious about proper real estate transactions would want to have capable legal assistance. An attorney must be consulted. "This work is protected under the copyright laws of the United States. No reproduction, use, or disclosure of this work shall be permitted without the prior express written authorization of the copyright owner. Copyright © 2006 byLAWCHEK, LTD."

The old days of harsh bleach and chemicals used to clean around the house are slowly fading out. Along with this trend is a desire of many consumers to adopt more environmentally friendly products for their home. This can be anything from the new countertops and floors to the groceries bought at the local supermarket. In addition to what you bring in (and take out) of your home, the maintenance of your home can is a way to become more green. According to the energysavers.gov website, "Americans spend more than $160 billion a year to heat, cool, light, and live" in their homes. Everyone may not try every option or may find their budget does not allow for all of the products available. However, a few home improvements and informed purchases can not only save you money in the long run, but these changes can also provide a healthier home for your family and the planet. Initially, all the options to create a greener home can be overwhelming. But some tasks are good home maintenance and a few only need to be done once. The headings below is just one way to break down some of the improvements and updates you may make to your home which will effect its impact and performance. Did we say performance? You bet! Making sure your home is running efficiently and smoothly is the number one way to helping the environment! How efficient is your home? Making your home work efficiently to keep you warm, cool and provide you with creature comforts is the perfect way to help other creatures of the world. Taking time to keep your home updated will help reduce the amount of energy you need and ultimately be easier on your wallet as well. Lighting: You can cut electricity costs by taking advantage of natural lighting and choosing carefully the lighting you purchase. Natural light is a great way to improve your home's efficiency. Skylights and easy to open window treatments can help you better regulate where you get your light during the day. Windows facing north and south can offer a great source of natural light and heat. West and east windows will offer light but may produce too much glare as the sun rises and sets. Choose your artificial lights carefully. Selecting a few accent lights and then a concentrated task light for an activity such as reading is a better alternative to lighting up every square inch of the room with florescent bulbs! Using environmentally efficient light bulbs can help reduce energy costs. However, research the bulbs you buy. Some may not work as well for task lighting. Others may not work with your older lamps and you may be better buying a new lighting fixture at the same time. Keep your artificial lights working at their best. Even the simple task of keeping your lamp shades free of dust can improve the light quality in your home. Windows: The windows of your home can be a great ally. Getting the right type of window treatments can help regulate your home temperatures. Drapes: Drawn closed in the winter, these window treatments can help prevent heat from escaping by as much as 10%! Drapes can also help decrease heat coming into the home if closed against direct sunlight in the summer. Blinds or Shades: These can help reduce the amount of heat coming through the window because of direct sunlight. Dual shades can be very useful. Use the light side to help reflect and keep out the warming sun in the summer and the dark side can be used in the winter to draw in more heat. Shutters: Both exterior and interior shutters can be used to keep heat out in the summer. They do not work as well at keeping heat in during the winter. Another perk of having exterior shutters is that they can provide extra security for your home as well. Window Panel: Similar to a shutter, a window panel is a product that pops into the window frame and provides extra insulation in the winter. An inexpensive addition, this may be ideal for windows not used for their light in the winter. Screens: Although these don't really keep any heat in place, using screens on your windows allows for better cooling and airing of your home in the summer. Screens allow you to keep windows and doors open encouraging a natural movement of the air. Using open windows well in the morning and evening can drastically reduce your air conditioning bill. Thankfully this can be done without letting in all the bugs and critters! Awnings: Window awnings can help keep the house cooler in the summer by reducing the amount of heat that is adsorbed. Air Leaks: Get rid of air leaks! Insulation works to improve both the heating and cooling of your home. Check around your doors and windows first. Many leaks escape through these portals the most. Replace weather stripping and caulk where needed. Besides the doors and windows, also check for air leaks around vents, fans, phone and cable lines, and electrical lines. Depending on the materials used in your home, you may also need to check any brick, stucco or cement construction for needed repairs. Not sure if you have a leak? One option is to use an incense stick. The smoke will show any movement caused by air leaks. Another method is to have someone stand on the other side of the possible leak source while you shine a flashlight at the edges. If they can see the light on the other side then some updates should be made. Insulation: Updating or adding insulation to your home, especially an older one, can help reduce costs associated with heating and cooling your home. The attic, crawl space, basement, exterior walls and space around service ducts are the areas that will need the most attention or improvement. Reduce Water Usage: There are many ways to reduce your water consumption around the home. The hot water heater can be an energy hog. Try insulating it if it does not already have at least R-24 insulation. You can also lower the temperature of the water from 140°F to 120°F to save on cost. Make certain to fix any leaky pipes or faucets. Over time these will not only consume water but will also cause damage to the surrounding area. To get better use of water for your money, consider installing low-flow water faucets and showerheads. You may also consider a water (and energy) efficient clothes washer. What do you bring into your home? Whether building a new home or shopping for the weekly groceries, the products you choose to bring home have a great impact on the environment. Taking some time to consider your choices before you buy is a great way to reduce your carbon footprint. Renewable Construction: If building or remodeling a home, consider renewable sources for some of your construction needs. You do not have to use all or any of them, however, if you take the time to research some of these options, you may be surprised and find a good fit. Hardwood floors are great in that they keep allergies as bay and are easier on the environment then synthetic carpet manufacture. However, a renewable wood is key here. Renewable floors such as bamboo or cork are much easier to replenish. Another option that has gained in popularity is reclaimed wood. This product is taken from demolition sites - everything from an old house to an old gymnasium floor. Research the product's history as some sealants and paints used on the wood may be toxic. There are more renewable sources available. From recycled glass used as tile to recycled jeans used as insulation. Take a look at our links to the right for more information about these items and possible vendors in your area. Buy Local: There has been a lot of encouragement for consumers to buy local recently. Buying locally should help cut down on shipping and packaging costs. Doing so can also help local farmers and businesses. Not always the cheaper option, trying to purposely buy some items locally can help the economy and ultimately the environment. In fact, some believe buying groceries from local sources provides fresher produce that ultimately could be better for your health. Quality of Product: Being a savvy consumer who expects the best quality in their products is helpful to the environment as well as your pocketbook. Move away from cheaply made items; instead research your purchases and get ones that will perform well for a long time to come. Check Labels: On anything you buy, take time to check the labels and be aware of any impact it may have on your environment - including at home. Consider carefully your choice in chemicals used for cleaning. When working on home improvement projects consider the options you have for glues, paints and other possible hazardous materials. THERMOSTAT: Lower your thermostat by a few degrees. Get a controller where you can specify different temperatures for day and night. LIGHTS: Turn off incandescent lights when not in use. Turn off florescent lights if you will be gone for more than 15 minutes. Optimize your use of natural light with work or reading places near northern or southern windows away from eastern and western sun glare. ELECTRONICS: Turn off power strips if nothing on the strip is in use. Unplug unused electronics. COMPUTERS: Turn off your computer monitor if you will be gone for more than 20 minutes. Turn off both your computer and computer monitor if you will be gone for more than 2 hours. Use the sleep mode if your computer has one. ENERGY: Consider purchasing green energy from your power company such as solar power, wind power, biomass power, geothermal energy or hydropower. If your power company does not have one of these options available, you may still be able to invest in future programs. LAUNDRY: Wash your clothes in cold water when possible. Clothesline dry your laundry on sunny days. Shop for detergents that list which toxic chemicals are not in the product. A generic statement such as "non-toxic" may be gimmick so read the label carefully. GROCERIES: Shop locally. Use a cloth reusable bag for groceries. COOKING: Use cookware that cooks at lower temperatures such as cast iron or clay. Save your baking for cooler hours. DISHES: Only run the dishwasher when it is full. Run the dishwasher at night. GARDEN GREEN: Check out our article on environmentally green gardening. Or see our article about pet safe gardening.