We are signing a contract with a GC for a home renovation involving a kitchen addition, renovation of current one, removing a load bearing wall, and adding a bathroom.
We have gotten like 10 quotes over the past two years, so I feel comfortable that his price is fair. My question is about the contract itself.
This project is going to eat our entire savings (we do not have a 20% buffer), but the contractor’s policy is that any unforeseen problems on the job fall under his price – not mine. He stated that as long as we do not add anything to the order, the price will not go up. He stated that if he could not accurately predict the cost of the job then he should not be in this line of work (and I am sure he built a buffer as well).
My question is: How would this language look in the contract? He is going to state what is covered by him (siding, windows, labor, etc.) and what is our responsibility (counters, cabinets, etc.)…but should there be language stating that any unforeseen problems are his responsibility? If so, what should it look like?
I know this is important because my parents had this happen when the contractor assumed their house was a balloon framing only to discover post and beam. The contractor removed a post and put in new load bearing columns out of his own pocket because he considered it his mistake. My house is from the 1800s…so problems likely are hiding in walls…
Thank you for all of the help.
Replies
Best advice: Consult with a construction attorney for specific terms and conditions.
2nd best advice: In lieu of the above, you could review/purchase the appropriate AIA Contract Documents - they are the "gold standard" in the construction industry for both commercial and residential projects.
Good luck.
--
Matt Cicciari
President
CCRE Construction
Consult with an attorney familiar with construction law.
If not, search for AIA Contract Documents - they are the industry standard for commercial and residential construction documents.
Good luck.
--
Matt Cicciari
President
CCRE Construction
[email protected]
781-929-6549
http://www.ccre-construction.com
MA Unrestricted CSL #CS-112311
MA Home Improvement Contractor (HIC) #192067
I'd recommend adding a clause stating that the contractor is responsible for any unforeseen problems. Something like: "Contractor agrees to cover all costs related to unforeseen issues or complications that may arise during the project, including but not limited to structural changes, code compliance, and hidden damages.
This clause ensures that you won't be hit with unexpected expenses, giving you peace of mind as you embark on your renovation journey." It's always good to clarify these things upfront to avoid misunderstandings later on.
Wrong,
Unless said contractor padded the bid to EXPECT problems.
That said, experience should provide the contractor the knowledge to know what “might be” behind those walls and advise the client of potential problems. Together they can work through any “usual” foreseeable problems.