Visit from Consumer Affairs
Hey all: I called in a restoration and construction company (Basonas Construction) to do some minor masonry work. We had cut thru the side of the house to install venting for the new boiler, and to install a sump pump, and the holes were not neatly done, so I wanted them bricked up and sealed…
Hey all:
I called in a restoration and construction company (Basonas Construction) to do some minor masonry work. We had cut thru the side of the house to install venting for the new boiler, and to install a sump pump, and the holes were not neatly done, so I wanted them bricked up and sealed appropriately, and also there was a piece of bulging stucco I wanted fixed.
I’ve worked with Basonas before on some major seven figure projects, and I like them. And the owner likes me, so when I need something like this done, I call him.
When I bought the house early on, he did a parapet wall, sealed up one exterior door, and opened up and installed another, and for that I had paid him $7500.
This was a small job, a few manhours, a few bricks, a little stucco and cement, so the owner told me he’d just do me a favor. That doesn’t mean I won’t throw him a couple of exceptional bottles of wine, or some cash, or whatever, but normally he does large projects, not homeowner projects like this.
So here’s the scene. I’m sitting on my stoop. My wife is gardening in the tree pit. Basonas’ very well marked truck is in the driveway, and the worker is visible in the driveway doing work (Semi-detached house, the driveway goes all the way along the side of the house). .
A guy comes strolling down the block, says he’s a homeowner up the block, and asks me do I mind if he goes to the worker and gets a card, since he needs some work done. I replied that he was welcome to do so, but I wouldn’t count on the worker having a card, and that maybe he should just take the info off the truck.
Then I mentioned that Basonas was good, but not that cheap, he usually doesn’t do these kinds of projects, he’s doing me a favor, yada yada. Trying to help out a neighbor.
Then I go inside. A few minutes later my wife yells at me to come down, and there’s the alleged homeowner along with another large Hispanic gentleman, and they pull out badges and say they’re from the NYC Dept of Consumer Affairs. (Later I found out that they came into the back and started harassing the Hispanic worker, when my wife heard what was going on, she ordered them off the property and told the worker to keep working, all in Spanish, then she called me).
The big guy, who is barely civil, is telling me that Basonas appears not to have a homeowner contractor’s license. I explained that he doesn’t normally do small homeowner jobs and that in the past when I worked with him he had everything he needed in the way of insurance and workers comp etc. I was told he needed a license to work on 3 family and under houses. I reiterated that he was doing me a favor for free and that this was a friend of mine. I also was able to get Basonas’ owner on the phone and put him on with the inspectors. The original guy says that all they’re trying to do is protect the consumer, and if I’m not paying for the work, and I’m satisfied with the work, he’s OK with that.
The big guy says they have photos of the truck and that if they catch him around again doing so-called ‘favors’ for homeowners he’ll be up the creek. But in the end the work wasn’t stopped, no summons was issued, and nothing more happened.
I’m wondering if I should complain about the inspector who used false pretenses to gain access to my property. I’m also wondering if someone called them on me, like my good neighbors. I tend to think not, as a call like that would simply go to the DOB, and I have recent permits. Would a neighbor be sophisticated enuf to write down a contractor name, look up to see if they had a license, and call the right dept at 311? I’m thinking they were just driving around. Watch out!
“They were sneaky? How else are they supposed to get the job done in this case? ”
Bond, I’m sorry, I think that the law should act in a lawful manner. Walk up to me, show your credentials, and ask what you want to ask. Don’t lie about who you are or what you want. When the law acts like thugs, then they’re no better than thugs. Just my opinion…
Interesting, bugleg.
I see it doesn’t apply to work on 4+ family homes, like the inspector told me. It also doesn’t apply to already-licensed pros like plumbers and electricians. I think that’s what’s confusing P3.
Pig, I guess you think the IRS can’t make you pay/file taxes too?
I kinda feel like a tool for providing documentation, but here goes.
From DCA’s website:
A person or business must have a Home Improvement Contractor license if engaged in the construction, repair, remodeling or addition to any land or building used as a residence. This includes, but is not limited to, the construction, replacement or improvement of driveways, swimming pools, terraces, patios, landscaping, fences, porches, garages, basements and other improvements to structures or upon land that is adjacent to a home or apartment building.
Here is the relevant section of NYC administrative code:
http://www.nyc.gov/html/dca/downloads/pdf/home_improvement_law_rules.pdf
The only exception is for homeowners performing improvements to their primary residence themselves. And even then, to pull a permit, you have to get a WC waiver from the State.
I guess all the folks in NYC hiring architects and contractors and pulling permits are rubes. Good luck with that.
pig three: go to DCA website . follow links to regulations. read their rules about home improvement licenses required in NYC. read about their enforcement authority if someone who is supposed have a home improvement license doesn’t have it. see how that conforms to what you are saying. (and remember it refers to a business)
eman1234,
What am I wrong about? Please be more specific.
Here is what the DCA’s priorities are:
1. That businesses that have employees are paying into the workman’s comp fund.
2. That those employees are paying child support if any is owed
3. Protecting the public from fraud
Period. In that order.
They do not regulate work, quality of work or have any say over who gets hired to do the work.
…but someone told me, so it must be true…
So these guys posed as potential customers to see if there was a problem that needed addressing, when they determined that there wasn’t, they issued a warning and left? Doesn’t sound so egregious to me. You see all the posts that are on here about people getting ripped off by unlicensed contractors, but when the city tries to do something about it, you get your knickers in a twist? They were sneaky? How else are they supposed to get the job done in this case? Do you think that there aren’t plenty of contractors acting in a sneaky manner and claiming to be doing favors for friends to circumvent the law? How else is the city going to catch them?
pig three you are wrong…the dca thing is nothing new… you might as try to fight the wind
Wrong. Show me the law. Go to the DOB. ASK. DCA has no authority over who you hire. I can have an artisan come do a home renovation of several thing that do not require a City permit and could easily run a 100k. No license required. I could have my friend change my windows on my single family. No permit required. No license required. Really. Trades are not required by law to be regulated by the DCA. Lemming.
According to city law, pig three. Really. The business and trades regulated by DCA aren’t volunteering! If you don’t comply, it’s illegal to operate.
The OP and contractor got off pretty easy–the story isn’t really that believable, although I don’t doubt it as I am a GC and do stuff gratis for good customers as well.