Contract Clause Phraseology, Boilerplate, General Conditions Language?

Ed the Roofer

I notice many questions getting posted asking for how to word this or that, or how to cover yourself in certain situations.

What types and verbage of various clauses do you include in your proposals?

Pick from the following list to get started. Lets see what other clauses can be added to this list. Also, upon submitting any boilerplate language, lets see where the veil of the supposed protection can be pierced.

GENERAL CONDITIONS

Article 1) Contract Documents –

Article 2) Materials and Employees –

Article 3) Permits and Regulations –

Article 4) Protection of Work, Property, and Persons –

Article 5) Inspection of Work –

Article 6) Changes in the Work –

Article 7) Contractor’s Right to Terminate Contract –

Article 8) Customer Satisfaction –

Article 9) Payments –

Article 10) Judgement –

Article 11) Attorney’s Fees –

Article 12) Contractor Liability Insurance –

Article 13) Fire Insurance –

Article 14) Severability –

What other clauses should be sought out for a standard contract?

Ed

POOLMANinCT

Article 15) not responsible for..........

Article 16) definition of completed work

this is going to be fun ed

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Ed the Roofer

Substantial Completion: The work will be deemed substantially complete when ***xx *** ******x Company, ( The Contractor ), has finished all work called for by the contract documents and the work is ready to be used and occupied by the Owner, ( Homeowners Name ), even though minor items may remain to be installed, finished, or corrected provided such minor items do not have an appreciable effect on the Owner to utilize the work for its intended purpose.

POOLMANinCT

my def of completion
Equipment Warranties are provided by Manufacturer’s. Warranties are not in effect until payment is made in full and start when pool is completed, by definition, when pool is filled with water and final payment is made.

ty you know who!

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Ed the Roofer

Not Responsible for the Following Occurrences:

Caveat about Natural conditions – Removing permanently attached building materials often disturbs and vibrates the existing structure. The debris generated from this process, and related procedures, may cause inconvenience or discomfort which is normal construction wear & tear conditions. This is not contractor negligence, (e.g. minor interior wall or ceiling cracks, flaking of wall paint, nail pops, debris falling into the attic, minor disturbance to shrubbery and lawns, small divots in the driveway and/or lawn areas from heavy equipment such as roll-off trash containers and dump trucks).

Ed

jensenconstruction

Great topic Ed,

I've posted my standard Terms & Conditions, so lets have at it. What should I change? What needs improvment? Where are the holes?

Attached Files

T&C.doc (43.5 KB, 172 views)

Ed the Roofer

From my very brief look at it, I believe it is well stipulated.

You must have a "Severability" clause aka a "Closing" clause, so that if one condition is found to be unenforceable, all of the other conditions remain as if the unenforceable one were omitted. Without that clause, the entire terms and conditions could be null and void.

Why have them if they can not withstand the most scrutinous judge?

I'll pick up more of it tomorrow.

See you all then.

Ed

Ed the Roofer

Okay,

I noticed this morning that you do have that Severability claue, and it is just called something else.

INVALIDATION If any provision of this agreement is declared invalid by any tribunal, the remaining provisions of the agreement shall not be affected thereby.

Ed

POOLMANinCT

lets make something out of this thread...

collect all star verbage...
when we are statisfied
we will compose the ultimate contract...

btw I just finished a liner replacement & sitting in my truck waiting for water delivery......

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......Less with the jaw & More with the paw.....

bill r

.. fascinated with the ambitious project, Ed.

The only contribution I have right now is, I'd be extremely careful about "customer satisfaction". Put in the wrong hands, it can be a disaster. I know my experience is very rudimentary compared to others here.

The work is done when the work is done.

Ed the Roofer

When we get down to examining that condition, "customer satisfaction", then lets see what language would work best to be fair to both parties within reason.

The work is done when it meets or exceeds the agreed upon specifications.

You are right though, that a customer can create the never ending punch list. That will be addressed in detail too.

Ed

POOLMANinCT

hey ed..

I avent forgot about this one.... been biz, I should have some time to pump some clause verbage tonight.

ray

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Stone Mountain

I have a condition that if I'm not paid in full within 5 days of substantial completion, the warranty is null and void.
Once in a while, when I get that sort of a-hole who holds up $10,000 because of a cracked $2.00 post cap, I'll send the warranty registration (after the cheque clears) with "Denied" written all over it.
Last year someone called me about it, all in a huff. I told him: I chased you for 2 months to get piad, with broken promises almost daily on your part. You had no complaints, just didn't want to apy. You want a warranty, sue me"
Never heard from him again.

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Ed the Roofer

If any contractor decides to allow for monthly payment plan options for there customers, you need to have a "Default and Acceleration" clause to enable collection of the entire debt and not only the one time missed payment. Without this clause, you would have to sue upon each and every single missed payment.

Default and Acceleration:

In the event of default in the payment of any of the said installments or said interest or late fees when due as herein provided, time being of the essence herof, the holder of this note, ( Your Company Name Here ) may, without notice or demand, declare the entire principal sum including interest and late fees which remain unpaid, immediately due and payable.



Ed

POOLMANinCT

hey ed, sorry I been busy & I know I was chomping at the bit to get this thread rolling.... but haven't seen a spring slam & weather this good in a few seasons....

anyways,
need all verbage/language be on the front of pages, I've been considering using back of sheets also.. of course it would be prudent to collect john hancocks on both sides...
I'm pecking away at word, ill fax the legal eagle when I'm done...
what do you guys think?

ray

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AtlanticWBConst

These are 'some' of the ones in our contracts:


TERMS AND CONDITIONS

[1] PRICES:

[2] PAYMENTS:

[3] CONDITIONS:

[4] EXCAVATION WORK: .

[5] DEBRIS REMOVAL:

[6] CUSTOMER SUPPLIED MATERIALS & LABOR:

[7] CUSTOM ORDERED COMPONENTS and MATERIALS:

[8] EXISTING WATER AND PEST DAMAGE:

[9] HAZARDOUS MATERIALS:

[11] TRAFFIC CONTROL

- REQUIRED GENERAL WORKING CONDITIONS


Among other clauses...

Within these, we have 'sub clauses' that address alot of the points that Ed has...

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- Build Well -

FINISH TECH

I would just like to say great thread!
I was just told by a lawyer today that for him to help me with my contract it would be 300.00 per hour and he would only charge me
between2-4 hours!!!!!!!
I was shocked im just getting things started on my end and $$$ right now is very tight. plus ive heard that some of these contracts end up being bull****. its really great to see good people helping brothers in need of good advise alot of your stuff is great so far.

most of my work consist of drywall hang to texture. interior exterior painting crown, doors, trim. pop corn removal. basic stuff.

I will sub out later down the road but for now im gonna keep it small and simlpe with guys that I can trust (MYSELF)

so all these exclusions that you guys have run into are great
and if anyone would have the time to help me get a contract together i would be happy to pay for your help!!

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ONE DAY AT A TIME!

Ed the Roofer

$ 299.99 per hour and just a little less than 2-4 hours.

Or, continue reading and use the search and see if there is anything else you can find.

Ed

POOLMANinCT

my material warranty clause is very strict, as it encompasses any aspect of neglect & lack of care on buyers part.

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dougchips

Ed will make you sign a contract to use his services. Read the small print, there are some set up fees and he charges tax on labor.

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