Replies

1. 
   Dave45 | Dec 13, 2007 02:57am | #1

   I've always assumed that "workmanlike manner" meant "professional", but who knows.  I know that I've never heard of anyone disputing a contract because someone did something UNworkmanlike. - lol

   That "time is of the essence" nonsense is commonly used in real estate offers to buy and seems to mostly be an effort to create a sense of urgency - whether one exists or not.

2. 
   VTNorm | Dec 13, 2007 03:16am | #2

   "workman-like" is the opposite of "hackman-like"; skilled vs. unskilled, usual and customary materials and techniques vs. whatever the hack has lying around.

   "Time is of the essence" is as dave45 says - a sense of urgency.

   -Norm

    

3. 
   jpeaton | Dec 14, 2007 05:32am | #3

   The way i understand it.... "time is of the essence" in a contract basically says that if you say the job will be finished by a certain date it MUST be finished by that date or you could be in breach of contract. Im sure someone here knows more than i about it.

1. 
   brownbagg | Dec 14, 2007 05:38am | #4

   when ever we work downtown or around colleges, developer usually have a clause in the contract that means this.no hollering at the woman students
   no smoking inside
   no goofing off or horseplay
   no loud sounds
   no radios
   no trashmainly act professional

2. 
   smslaw | Dec 14, 2007 06:39pm | #6

   The way i understand it.... "time is of the essence" in a contract basically says that if you say the job will be finished by a certain date it MUST be finished by that date or you could be in breach of contract. Im sure someone here knows more than i about it.

   You are exactly correct.  Without the contract stating "time is of the essence," if completion is a little late, it probably would not be considered a material breach.  A material breach typically excuses further performance by the other (non-breaching) party.

1. 
   renosteinke | Dec 15, 2007 12:58am | #7

   I'm not a lawyer - and I'm much happier doing productive things! Contracts need to address two types of issues: those of a general nature, and those specific to the job. There exist well-proven 'form' contracts that do a fine job of addressing the general issues. Hold-backs, payment, liabilities, scope of duties, etc., are all examples of 'general' issues. Job specific issues are where the legalese stops, and plain speaking begins. You need to specify exactly what is important about the job. "Time is of the essence" is a good example to illustrate the point.
   Being a day late won't usually make much of a difference .... but delivering the Christmas tree on Dec. 26 would be a 'fatal breach.' Quite simply, everyone must be extremely clear about these specific issues. This usually means that the contract will also need to set priorities, was well as specifics. It means that someone needs to be available to make decisions in a timely manner. Finally, no contract, however well crafted, is any better than the people who sign it. KNOW YOUR CUSTOMER. In my town, there are many with whom I can do business on less than even a handshake; there are also some who I would not work for, even if they paid double cash, in advance!

4. 
   sledgehammer | Dec 14, 2007 06:52am | #5

   I'd suggest anyone with those contract clauses also add.... "payments will be made in an accountant like manner because the only reason I'm working your job is to get paid and make a profit."