Hi!!
getting ready to get bids on both dry-wall and foundation work and wanted to know what contract wording are “must haves”. I’d also appreciate a copy of sample contracts if anyone has one they are willing to share.
thank you for your time!
Hi!!
getting ready to get bids on both dry-wall and foundation work and wanted to know what contract wording are “must haves”. I’d also appreciate a copy of sample contracts if anyone has one they are willing to share.
thank you for your time!
This deconstruction program leader oversees the collection and reuse of a variety of products and materials.
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Replies
Specifics of what will be done and what you will pay for it.
When specified on both items.
Excellence is its own reward!
"The first rule is to keep an untroubled spirit. The second is to look things in the face and know them for what they are." --Marcus Aurelius
Mathman, speaking from a costly experience, all lagal contracts must have a start and completion date. Even if the the dates are stated in "approximately" or within 30 days, etc. terms. Be very specific as to the terms of payments.
specific start and completition dates can get ya in lots trouble....unless you can control all aspects of the job site and materials....and possible the weather...avoid them.
I never give a specific..and if pushed...I tell them they have to trust me to works as efficiently as possible..and I have to trust them to pay........if someone pushes too hard...I walk away. Jeff..............Al-ways look on......the bright......side of life...........
.......whistle.....whistle.......whistle........
Jeff, sounds fair enough, and generally I work the same way, however after being burnt on this one technicallity by someone we thought we could trust, nuff said.
I'm getting psychic here on this one.
Does your choice of nickname indicate that you are a numbers kind of guy. Comfortable with specifics but less so with negotiations and people skills? Driven by a need to find the answer to an equation? Want to see everything lined up in nice neat columns?
If so, is htis part of why you are looking at a specific contract for these subcontract trades? Generally they will have one that they will offer to you. One of my peers here had a lawyer designed contract template including all required provisions of this states construction law built in. On potential customer he offered it to took it to her lawyer who wanted to change half the wording. He left out critical lines that would have invalidated the contract in this state. My buddy walked away from the job. Point to you is don't turn into a lawyer if you are a customer. You can scare good people away. Still, it's good to be wise and know what to look for.
My first reply was brief because if you realy need a contract, you shouldn't be your own lawyer. I don't mean to pry with all the questions
Are you a homeowner or a contractor?
Is this project a remodel, addition, or a new residence?
Others here might be better able to help knowing the answers
Excellence is its own reward!
"The first rule is to keep an untroubled spirit. The second is to look things in the face and know them for what they are." --Marcus Aurelius
Thank you for your response! This is new construction and I am the owner not a GC.
Just thought of another thing that hasn't been said here or emailed to you. Friend of mine does all his proposals in CSI Masterformat. To me it seems unwieldy, but to him it's legal definitions supported by something else, and it's pretty clear if you have a clue how to read it. Example of what a line might look like:
08700-300-0020 Door Closer, Adjustable backcheck, 3 way mount, regular arm: $XXX
I have a "terms and conditons of work" that I use as a general purpose contract for smaller work, and it is always the last page on my longer contracts. It is simply a list of things I have run up against and decided that I wouldn't deal with again. (it keeps getting longer : ) I'll e-mail it to you.
Justus Koshiol
Running Pug Construction
Justus,
Review and weed that list of "term and conditions" regulaly
too long a list can be worse than no list. Why? well the list is so long that you obviously ment to not have THIS situation covered.bobl Volo Non Voleo Joe's cheat sheet
That is good advise, right now it has ten points, and I do revise it regulary. Remember that when I'm doing a bigger job (say a complete basement re-model) I write up that job and it's conditions specificly. This paper is really just letting the customer know how I do buisness. When I first started it really didn't seem nessary to have a line like this in it:
Please do not attempt to perform any of the work requested in the contract yourself, unless specifically agreed upon in the contract.
But I probably don't have to explain why it's in there now : ) Justus Koshiol
Running Pug Construction
I am in the process of negotioating and approving change orders on a large contruction project and at the same time working out details of who pays for what on a renovation underway on my own home. I am not a contractor.
Without getting overly bogged down in leaglese, make sure that the agreement cleary states the following (this will also make sure that in a bidding situation, all bidders are pricing the same work):
scope of work,
provisions for property protection and clean-up,
payment terms,
terms of acceptance
use and expectations for on site "accomodations"
schedule,
lines of communication
code conformance
fees and permits, inspections as necessary
The wording is beyond me. Be forthright with your concerns and expectaions and communicate often to avoid misunderstandings. Have the responsible party(ies) restate all these in their proposals. Avoid statements like "per dicussion with owner" and the like.
Ditto to what Tim said. Be specific as to the scope of work (type of concrete, reinforcement,etc) so you can compare apples with apples.
Edited 11/6/2002 9:20:09 AM ET by jc
Before you sign a contract you want a copy of the contractors license, copy of the liability insurance, copy of the bond, they have workers comp ins. Now you want to make sure it enforced at the time contractor is working on your project. That means you call the companies and check. That is besides all the rest of the checking you do to make sure the contractor does good work.
The most important thing is to take the contract to your attorney and make sure the contract dose not have big loop holes in it that protects the contractor against shoddy workmanship or liability.
You want it to spell out things like. That is who pays for shoddy workmanship and the damage it causes to the rest of the house or people. How to notify the contractor and how long after you notify the contractor be fore you can hire some one else to fix the problem.
How many chances you give him fix the problem before you get some one else to fix the problem. then send the original contractor the bill for all the damage and any expenses. Such as rent for apartment while the repairs are going on. You still will have to take the person to court to get your money but at least you stand a better chance of winning if it is spelled out in the contract just what the terms are for shoddy work.
Thanks fredsmart! these sound like GREAT ideas! do you have any examples of wording?