Contract Clauses

SES Constructio

I read threads all the time about people adding clauses to their contracts cause they learn from their bad experiences with H.O. I thought it would be nice if we all could share a clause or two that we have added to our contracts over the years due to an experience we had and learned from and are now protected from cause of our contracts. I did some searching but didn't come up with any threads like this so thought we could start one for everyones benefit. Thanks

DavidC

Good idea, there seems to be plenty of contract (or lack of) pain going around.

I'll just throw out that whatever clause you adopt or contract you use, it should not be put in service with out prior approval of your attorney. This lesson has cost me thousands before spending a whopping $150 to have my lawyer write the damn thing.

Good Luck
Dave

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skyhook

I reserve the right to go 4 wheeling at any time.

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qdslse

Generic but useful...........

Unforeseen Conditions: This contract is based on visual conditions. Should unforeseen conditions arise that could not be determined by visual inspection prior to starting work, such additional work shall be performed on a time and material or firm bid basis, after buyer or his agent is notified of such.

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L. S. Ebert
www.artistictouches.net

Ed the Roofer

Here are some contract signature page terms. I especially like the enforcement of any warranties and discounts, becoming null and void if the payment terms are not precisely made on time as agreed.

It forces them to pay the full bill, even if you offered any discounts at the time of signing, if for whatever reason, they try to renig on the schedule.

Ed



We hereby propose to furnish the materials and perform the labor necessary for the completion of the roofing at above address per pages 1 through 8 of this proposal. This proposal is valid up to 7 days after submitted. Please read and sign the attached “Consumer Right To Know” Brochure provided through the attorney general.

Workmanship and labor guarantee: X years from completion. Permits: Local Permits, bonds, or special licenses required, to be obtained by RIGHT WAY ROOFING, would be billed additionally. We will conform to all local village codes. Any additional work requested or required would be at time plus material at the rate of $75.00 per roofer man/ hour. Approximate length of job: at least 3-5 working days, weather permitting and dependent upon how much additional work is requested or required. Workman’s compensation and Liability insurance on above work to be taken out by RIGHT WAY ROOFING COMPANY.

Any and all warranties or discounts offered shall become null and void if all payment terms are not precisely made on time as agreed. Any check, draft, money order, or cash may be accepted as payment. Under no conditions shall any of the payments state, payment in full, until the entire balance due per this agreement has been paid. All materials are guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work by RIGHT WAY ROOFING and completed in a substantial workmanlike manner for the sum of: Base Price $


With payment schedule to be made as follows:
Deposit of 33% $__________, to be made upon contract acceptance. It is agreed and understood; that in the event of cancellation of this contract by the Owner prior to start of work for any reason whatsoever that the Contractor may retain the deposit as liquidation damages.
33% of the remaining contract of $________on start of work and delivery of start up materials.
Final Payment, including extras shall be due on substantial completion of the work. Any account past due (and every 30 days thereafter) is subject to a 2% service charge. (24% annual rate)

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ponch37300

Does anybody have something about "If either party commences legal action to enforce its rights pursuant to this agreement, the prevailing party in said legal action shall be entitled to recover its reasonable attorney's fees and costs of litigation relating to said legal action, as determined by a court of competent jurisdiction." I would think this might make some HO think twice about not paying or trying to twist the contract since if you have a good contract and they loose their argueement they will end up paying alot more.

Ed the Roofer

Yes, I do, but your wording is actually fair to both parties, which is a good thing, since the clause would not get thrown out of court for being too one-sided.

You must be made aware, that with your clause, as stated, the home owner would also be entitled to the same recovery provided for you, if they had to sue you for something.


But, one that can certainly be one sided, is one which is seeking past due payments, requiring the home owner in breach of such payments to pay all costs incurred.

Here is mine:

Article 11) Attorney’s Fees – In the event we are forced to take legal action in order to collect the sums due, including wood replacement, changes in work authorized or required or necessitated to properly complete the job, then the Contractor will be entitled to all reasonable attorneys’ fees and other collection costs plus court costs. All legal action shall be instituted and interpreted by the Judiciary of ***x County, Illinois.

Ed

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Agolk2

Very important in the design business and I'm sure in the physical work contract as well:

work completed to the customers satisfaction vs work completed to the customers reasonable satisfaction.

Never had a problem but I'm sure will save me someday.

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Andrew Golkin
ANG Visuals
www.ANGVisuals.com
(703)898-4430

Ed the Roofer

Wouldn't, "Work Completed To Industry Standards, as Defined by NAHB or NARI" actually allow some unbiased standard to be met, rather than the whim of an unpleasable customer?

If there is a specific tolerance level to be cited from either of those organizations, then also include and cite that particular guideline too.

Ed

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WarriorWithWood

Here's a list of clauses I found years ago. I just copy and paste what's applicable. I hope this helps.

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-Dennis
www.bowmanch.com

Ed the Roofer

Dang, thats a good load full of clauses.

Thank you.

Ed

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WarriorWithWood

Enjoy.

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-Dennis
www.bowmanch.com

We Fix Houses

...mistake

480sparky

Here's mine in it's entirety. G'night! Sleep tight! Don't let the bedbugs bite!

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Site : the area or exact plot of ground on which anything is, has been, or is to be located.
Sight : The power or faculty of seeing; perception of objects by use of the eyes; vision.
Cite : To mention in support, proof, or confirmation; refer to as an example.

greg24k

The contract is not about the clause in it... the contract is about the meeting of the minds between the HO and Contractor.

The clause more or less is a pretty standard description and must meet the requirements of consumer protection laws in each state i.e, start date, finish date, warranty, HO should carry a home insurance against fire and flood, contractor not responsible if he steps on a bed of flowers, or gives a flat to a favorite rubber ducky, any unforeseen situation is subject to an extra charge, don't light a match if someone pulls a finger and house blows up etc.

The scope of work must be specified in detail and what is included and excluded from a contract so there is no if's or buts. For instance... Not repair the roof... but remove, dispose and replace 100 sf of roof. Not remove and replace a door... remove, dispose and install new front or garage door model # such and such selected by the HO... etc

Most disputes between HO and contractor happen because of miscommunication and misrepresentation of the scope of work and of course HO always expects more work to be done if the scope of work is not specified in detail.

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bwalley

that is what is on the back of my contracts.

CScalf

My two favorite out of my contract...


17. Attorneys Fees and Costs Incurred --- If the Contractor incurs attorney’s fees, court or collection costs to enforce any provision of this contract, Contractor shall be entitled to reimbursement from Owner for these attorneys’ fees and costs incurred.

18. Severability -- If any provision of this contract is held invalid by any court with proper jurisdiction, such provision shall be deemed modified to eliminate the invalid element, and, as so modified, such provision shall be deemed a part of this contract. If it is not possible to modify any such provision to eliminate the invalid element, such provision shall be deemed eliminated from this contract. The invalidity of any provision of this contract shall not affect the force and effect of the remaining provisions.

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"Your problem does not constitute an emergency on my part"

ModernStyle

article 16 line 4 section B clearly states " if for any reason customer decideds to not pay contractor in full upon completion, contractor reserves the right to poke said customer repeatedly in the eye using contractors right index finger untill final payment arangements can be reached"

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Teetorbilt

Contracts have been a subject here many times. A 'contract' search of the site should get you all of your info.

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nEighter

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