There are two common homeowner and contractor relationships when it comes to home improvements: owner-builder or hiring an architect and contractor. Concerning the latter option, the ideal relationship is a design-build hybrid.
The California’s Contractors State license Board (“CSLB”) issues the following ALERT: “Be wary of ‘consultants’ or unlicensed individuals who will try to talk you into becoming an owner-builder as a way to save money. They are usually the ones who illegally profit from this arrangement.”
The benefit of a design-build relationship is not only economical but it is related to the overall efficiency of a project from design through construction completion. By enabling the designer and contractor to join forces from day one, the project owner is creating a stronger opportunity for long-term success.
Owner-Builder Risks — What is an Owner-Builder?
An owner-builder is a person who owns the property and acts as their own general contractor on the job, and either does the work themselves or has employees (or subcontractors) working on the project.
The work site must be their principal place of residence that they have occupied for 12 months prior to completion of the work.
The homeowner cannot construct and then sell more than two structures during any three-year period.
Rules and regulations concerning owner-builders can be found in California Business & Professions Code section 7044.
Owner-Builder Responsibilities When Handling Their Own Construction Project:
When you sign a building permit you assume full responsibility for all phases of your project and its integrity, you must pull all building permits and your project must pass codes and building inspections.
You are responsible for ordering materials and making sure all suppliers are paid.
You are responsible for supervising, scheduling, and paying subcontractors. If you use anyone other than your immediate family or a licensed subcontractor for work, you may be considered an “employer.”
Unless you are knowledgeable about construction, mistakes can be costly and take additional time to repair or correct.
Subcontractors and suppliers who are not paid on schedule may file mechanics liens against your property.
Illegal contractors can botch a job or leave with the down payment, leaving the owner-builder to deal with the consequences.
You can be liable for injured workers on your property.
You assume full responsibility for all phases of your project and its integrity.
Controlling costs in a construction project is always a top priority. Usually project owners end up limiting their ability to manage costs by separating the design process from construction.
Design/build projects, on the other hand, link the two together at the start.
The process ensures that the contractor is able to provide input to the architect on critical decisions that will determine a project’s efficiency.
The architect and contractor can foster a relationship that maximizes both trust and communication.
Licensed contractors must demonstrate knowledge of their craft, be tested, fingerprinted, bonded, and undergo an FBI background check before they are licensed to work in California.
The process ensures that the plumbing, mechanical and electrical systems meet and do not exceed the owner’s requirements, which can cause unnecessary additional fees.
Can ensure that the latest energy efficient products are installed, which will contribute to the overall lifespan of the building and control recurring costs far past project completion.
Allows for open dialogue, thoughts and ideas to flow between teams.
When a project owner is comfortable with the team as a whole, they can avoid potential for shoddy workmanship that could result from a lowest bidder platform.
Implementing this project delivery system will also reduce change orders on an owner’s next project.