Contracts?

Melissa

We use a pre made "Home Improvement" contract from "BNi". HO signs it along with the Proposal since that is where the details of the job are listed (no room on contract).

From reading here it seems that some of you have customized and made your own contracts. Is this true? And if so, do you have to have a lawyer look it over first to make sure it will hold up in court?

The main reason I ask is ours doesn't exactly address an issue we're having right now, where the HO insisted on hiring her own painter and this guy is holding up the entire job, so I'm trying to figure out how to prevent losing money over something like this in the future and what to do with the predicament we're in now.

Glasshousebltr

I make my own contracts Melissa and far as I know theres no regulation on regulating the regulation of a contract.

I've never had to use one to hold up in court and I've never had a customer take me to court, unlike any my my ex-wives.

Don't get me wrong, I ve had some tuff roads on jobs, I was just always able to work things out.

Bob

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Bob

Wolf

Don't forget that the laws re contracts vary from state to state, so what's good in Florida might not hold up in New Jersey. You can get on the internet state specific master form contracts. Good place to start and then alter it as needed for the specifics of the job. Always be as specific as possible in writing a contract. You will make it easier for the judge to uphold it in your favor if the contract is clear.

Melissa

You're a crack up!

Melissa

I know I must sound paranoid. But I know somebody who's gone through a few legal battles with customers, and he lost every time, unfortunately.

Glasshousebltr

Yes indeed my dear. It's a curse.

Bob

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Bob

copusbuilder

Hey Mellisa, I truly belive that even with the most ironclad contract you can still get screwed. Customers will lie and say what they need to and the judges dont seem to care for the big bad contractors

One time we had a customer that was saying he was not going to make a final payment and when I told him I would see his ass in court he told me he was going to throw a gallon of paint on his carpet and sue the crap out of me? Of course this was not right but he got me to verbally abuse him a little and he got to save about $600

of course I believe what goes around comes around so will live with the hope he is in Afghanistan promoting christianity

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copusbuilder

Bob, I think it was a typo. It was supposed to say crack pot

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Melissa

The person I was referring to above is my father in law, and he had a customer, a lawyer, actually give him a contract to sign. Needless to say it ended in complete disaster. It was their neighbor too.

Gordo

You really have to be careful with "most" lawyers. They will try to intimidate you with their legal presence. The funny thing is my plumber took a lawyer to court and the judge ripped the lawyer a new one for his shinanigins. Judges usually will rule in your favor against a lawyer because they are held to a higher standard pertaining to contracts. This is info most lawyers do not want you to know.

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Looks like some pros were here.

Mike Finley

Oh my Lord! I hope he learned never to do any work off of anybody else's contract other than his own after that!

nadonailer

I've been to small claims a bunch of times and never lost. If you're a licensed contractor and have a signed valid contract, they seem to always side with the contractor. In my experience anyway.....

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"History does not long entrust the care of freedom to the weak or the timid”.
Dwight D. Eisenhower

AtlanticWBConst

I have a fellow GC friend who got completely screwed from a retired Executive with a lot of money and high power attorneys. He had a good contract...reviewed by his own lawyers, but he still lost his case because of 'literally' - a few words in it. (It revolved around who would pay for removal and trucking out - of alot of ledge that was found) The bigger lawyers won and because he wasn't incorporated - he lost everything. He almost lost his house but filed the paperwork to protect it when he saw the storm on the horizon.
He's starting over again now...good guy.