Contract Q- Start Time, Finish Time Clause

orson

What are you guys including in your contracts in regards to start and finish time? I've been using the Michael Stone clause regarding ".....no penalties for finishing late unless equal amount per day for early......."

As far as I can tell Mike intended the point of the clause to discourage homeowners from requiring late finish penalties. The reality for me is that most customers sit there and nod and say ok, how much is the penalty?

The problem with this clause as I see it:

If the job is supposed to take 30 days then the most bonus I can get out of it is: 29 x (agreed bonus/penalty amount) On the other hand the customer can asses unlimited penalties as there is an unlimited possibility for the job to run over.

I'm more inclined to scrap this method and use some type of clause that says I'll work on the job in a reasonably continuous manner until it is done. I'm not really interested in getting bonuses for early completion, nor am I interested in paying penalties if the job legitimately runs over my estimated timeline.

What do you guys do/use?

www.rubycon.us
Ruby Construction LLC
Lancaster Kitchen Remodeling
Lancaster Bathroom Remodeling

nap

Preferrably, neither but realistically the early finish bonus is not going to happen UNLESS the customer benefits from the early finish but the late finish is going to affect the customer.

As well, the late penalty provides the customer with some assurance that you are not going to start the job and then run off to 12 others and forget about them.

The customer cannot control when you actually doe the work and there have been way too many customers burned by guys that will not finish a job because it does not cost the contractor anything if they do not finish.

The problem with a late penalty situation is you must factor in weather situations that prevent work and include some protection for you because of that as well as other possibilities beyond your control.

Ultimately, if you are having a problem with a timeline and you have shown true intent to finish on time, I have no problem requresting an extension from the owner and if youhave shown that you are attempting to fulfill the contract in earnest, they are, for the most part, accepting of such a proposal.

get it in writing.

kevjob

problem with start and finish clauses are that you can't predict what problems will arise on the current job that will set you back, i work on a lot of 1920 craftsman and no telling what you may find when walls are opened.

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Kevin
Basement Finishing Highlands Ranch Colorado
Littleton Colorado, Basement Remodeling
Kitchen Remodeling Denver

Brock

I give a verbal "guestimate" for start/finish, but ONLY if THEY bring it up. Never,never, never put it in writing. If they demand it simply turn down the job. I still have yet to have a cust. demand a written completion agreement and I've been at it for 23 years. I would guess if it is that important to them then you prolly don't want them as a customer. You should go after the low hanging fruit. Stay in front of them on the payments and you will be fine if they grumble about how long it is taking.

Celtic

You'd be living in a cardboard box under the over pass here in NJ with that theory:

http://www.nj.gov/oag/ca/contractors/contractor.htm


The actual legal verbage is here:
http://www.nj.gov/oag/ca/contractors/statsregs.pdf
(page 11/20)

The OP might want to read those words carefully and pick the words that will help him out

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Brock

I would, 1.) Move or 2.)Find a new line of work. Not worth the hassle.

Celtic

LMAO

Then there would 0 contracting in the one of richest States in the nation....all over a few words in a contract.

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neolitic

Looking for something nice and vague?

Schedule: It is anticipated that the project duration will be approximately ***x weeks, excluding extreme inclement weather, unforeseen circumstances, strikes, and other delays over which the Contractor has no control and could not have reasonably anticipated. Commencement of work will be scheduled in approximately *** ***x from acceptance by Owner.

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Celtic

Wanna come work in NJ, neo?

What did that take...a few minutes to prepare?

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Brock

I guess if you enjoy living in the "armpit of the Nation",and you can get your work done in a timely manner then New Joisy is the place for you. Personally, I wouldn't want to live there and I am glad I don't.

neolitic

In the "Pineys" maybe!

Years of listening to politicians
appearing to say something
while actually.....

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Celtic

Have you ever visited NJ?
I'm sure there is more to Wichita than linemen and meth heads....would it be fair for me (never having visited Kansas) to say that is all there is there?

A riddle for you:
If there was a huge BBQ in NJ, and you were crossed off the list...would anyone even care?

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Celtic

You do realize the "Pineys" is a direct portal to the hills of WV.

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neolitic

Certainly seems divorced from the rest
of "up-state"!

I ain't a "big city" boy!
White tail and black bears
are my kind of traffic.

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Celtic

It's divorced from the rest of civilization...plenty of deer in western NJ.

The bears start to appear west of the location in the story.

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neolitic

They close one of the city parks here
(@5300 acres) for "controlled hunt"
to thin the deer herd.

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Double-A

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"My clients’ wishes are the center of my attention." -- David Guido, a contractor in Woodstock, N.Y.
New York Times, July 20, 2006

neolitic

Old people wander!

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wizendwizard

Yep, I've seen 5 white tail get bulldozed in mawah in a single night.
I used to love going to Keensburg. Very nice area in N.J.
Trenton Jersey City Newark and Hoboken You can keep.

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Chris Johnson

CA CSLB requires contractors to install a start/stop date in contracts. I put in an anticipated start date, a weather clause and a expected number of days to do the work. the finish date can vary depending on if you lose days to winter rain. When people ask for the penelty clause for surpasing their timeline I ask for a early bonus = to the penelty days. So far no one has taken me up on the offer!!

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