I just picked up the plans for a 1st floor remodel that includes moving a kitchen and a bathroom. All together about 1,000 sq.ft. I agreed to take the job on a cost-plus basis.
The owners seem like really nice people. In an earlier meeting the husband told me he would like to be involved with some of the demo and possibly the painting. I said sure, I am famous for putting the HO to work.
The Architect who is also the owners brother put on the plans under General Notes as follows; THE OWNER RESERVES THE RIGHT TO PERFORM PORTIONS OF THE WORK WITH HIS OWN FORCES AND TO AWARD SEPARATE CONTRACTS IN CONNECTION WITH OTHER PORTIONS OF THE WORK.
If I agree to those terms I feel I could be compromising myself and jeopardizing the quality of the job. Also if someone else has control over the subs, either his or mine, I could lose control over scheduling.
I have’nt written the contract yet and I think I may have to elaborate what the terms of his “involvement” would be. Also I think the contract would supercede the architects general notes. Any thoughts would be appreciated.
Replies
Gotta be concerned with safety, too, when other people are involved. Plus use of tools (will he use your table saw and cut himself?). Plus warranties. How can you assure quality when you can't pick or control the workers?
I`d sit down with the HO again....iron out exactly what you will be required to do and what he/she will be contracting out, ahead of time. Don`t wait until the job begins to find out what they think they can handle on any given day. Write up the contract as a subcontractor and include all necessary waivers.
I would highly recomend that you not take this job on as the principal contractor.
Go in as a hired gun....you might find it a bit less stressful as well.
J. D. Reynolds
Home Improvements
"DO IT RIGHT, DO IT ONCE"
"All other workers or subcontractors brought into this project must be approved by the Maverick Contractor and shall be separately responsible for their own liability and workman's compensation insurance coverage. maverick Contractors shall be paid the _% markup for profit to cover the responsibilities of shepherding these billygoats but shall not be held liable for them, their work, or their crews or the quality of work they may perform. Inasmuch as the owner is acting as GC, Maverick Contractors will not be held responsible for liabilites connected to their work or for cost overruns and scheduling conflicts created bny their involvement in the project"
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Piffin,
I like that, except, I see a conflict where Maverick Contractors approves and supervises other subs, and wants a waiver from all their liability.
Maybe change it thusly;
"All other workers or subcontractors brought into this project will not be associated with Maverick Contractor and shall be separately responsible for their own liability and workman's compensation insurance coverage. Maverick Contractors ...shall not be held liable for them, their work, or their crews or the quality of work they may perform. Inasmuch as the owner is acting as GC, and managing the construction schedule, Maverick Contractors will not be held responsible for liabilites connected to their work or for cost overruns and scheduling conflicts created by their involvement in the project"
Watcha thimk???
SamT
Much better. I was hammering that out while waiting for a return phone call and thinking about other things. I'm getting better at this multi-tasking thing. But sometimes all three of me distract one another.
;)
Welcome to the Taunton University of Knowledge FHB Campus at Breaktime. where ... Excellence is its own reward!
<<Watcha thimk???
What I Think is you are being plaguerized. Dont mind if I copy that word for word. If I were the HO I think that would discourage me from trying to hire my own subs.
Thanks much!
Plagiarism is theft.
That was a gift.
Big diff.
Just remember it may be worth what you paid for it.
Welcome to the Taunton University of Knowledge FHB Campus at Breaktime. where ... Excellence is its own reward!
Sam's statement is great.
If you decide to put it in, I would suggest you go over that statement with the HO. Don't assume that just because it's in there, they paid any attention to it.
Put a lot of explanation into that last sentence too...
Also, you might want to go over exactly what he plans to do, as others have suggested.
Do both. Pinpoint as many problems as you can before you get started.
And do this before you sign a contract. If you can't get complete satisfaction here, you will not be happy once you are into the job.
"Criticism without instruction is little more than abuse." D.Sweet
that clause lets him control you let him write up a detailed scope of work, include everything then let them spell out just what they're doing and just what you're doing include protective clause, with preset backcharges paid by HO, when site is not left job-ready by them or schedule is broken bet they won't go for it
have worked w a few HO, most don't have a clue, or quality standards that won't cut it when that happens it's your fault
looked at one job, architect brother did plans, set specs for brother adding on to home had to see it: live main electrical cable from utility pole tied to house with TWINE, about shoelace thickness and hanging just above garage door opening this house is lived in, young kids, too septic tank set at wrong elevation, instead of pulling tank and digging 2' down to proper depth, 'bro has them add fill, big blister in yard looked like a burial mound... always wondered if it flowed in wrong direction new deck elevations higher than old, misaligned walls but they did use 5,000psi concrete and the finest building products w the fancy names these guys knew just enough to fork up the whole job; house looked like it was designed and built by moe, larry & curly
everyone walked on them, asked me to look at blending in the roof lines oh yeh, none of that was figured out on the plans with his brother's crests and seals on them there were just pretty, unworkable drawings HO is not a framer and can't figure out how to fix the rooflines, but he's going to supervise crew, as we work "hourly" insisted i had to have and maintain my insurance, yeh, i figured that one out the kick is this guy is a known architect, draws a lot of big money homes be careful to protect yourself, i smell scapegoat on the bbq
Had one job where the owner brought his own alarm guy and then his own cleaning crew at the end. Alarm guy drilled my electrician's wire in a couple of places and one went unnoticed until the end. Open wall, fix wire, argue about who pays and if we get to charge normal rates for dealing with it. At the end there were some scratches on the glass in both exterior doors. I had seen his cleaning person scraping the glass with a blade of some kind, but didn't look closely at the time. Owner swore up and down my painter did it. Had to eat that one. My contract now states that the owner can perform no work and can't have anyone else in there either.
I highly recommend you be a sub on the job, and the owner is the GC. It's like being pregnant... there's no 'kinda' about it. You is or you ain't. If you're a 'kinda' GC you will have a lot more liability than you can really take responsibility for.
all or nothing.
either sub it ...
or it's your baby.
their great ideas are gonna be your headache ...
Jeff
Buck Construction, llc Pittsburgh,PA
Artistry in Carpentry