Need Help Writing Contract - Contractor Talk - Professional Construction and Remodeling Forum

Hoof Hearted · 08-09-2009, 02:54 PM

need help on writing contract
hi all
could anyone give me advice or point me in the right direction where I might find good advice on writing a job contract?

it's for a small job- about 600 sq ft of old wood flooring needs removed and replaced with new tiles.

I think it should be simple as I don't want to scare customers away with too many BIG words they cant understand.

Also I've heard talk of what's called a "change order" being added so that your not screwed if you open up a project and there's more costly problems than originally anticipated. Does anyone have experience with this?

also does anyone have advice as to what forms, are simple easy and cost effective?

input on any or all these ?'s would be appreciated. thanks

CScalf · 08-09-2009, 03:05 PM

1. If you are a GC as your trade says you should know what change orders are. I have never met a "real" contractor that didn't know what a CO was.

2. I never write my own contract, that's what lawyers are for.

Hoof Hearted · 08-09-2009, 03:25 PM

CScalf:

You say you never write your own contracts- so I'm wondering. Is it because you have trouble wording them correctly, or because your attitude prevents you from landing jobs in the first place.

none the less...thanks for the link

p.s. by the way, I do know what a change order is, what I'm asking for is some knowledgable advice on how they are implemented into the contract.

any advice is appreciated.

480sparky · 08-09-2009, 03:38 PM

Quote:

Originally Posted by Hoof Hearted

CScalf:

You say you never write your own contracts- so I'm wondering. Is it because you have trouble wording them correctly, or because your attitude prevents you from landing jobs in the first place...............

He's saying he doesn't write them because they should not be written by nail benders...... they should be written by lawyers/attorneys because they are legal documents, not 2x4s.

OGStilts · 08-09-2009, 04:50 PM

Quote:

Originally Posted by Hoof Hearted

CScalf:

You say you never write your own contracts- so I'm wondering. Is it because you have trouble wording them correctly, or because your attitude prevents you from landing jobs in the first place.

none the less...thanks for the link

p.s. by the way, I do know what a change order is, what I'm asking for is some knowledgable advice on how they are implemented into the contract.

any advice is appreciated.

You think CSCalf has an attitude but the fact is I would venture to bet that most of us here think you are not a GC or qualified to be doing this type of work if you don't know where to get a contract written. A contract is a tool of the trade so if you are willing to cut corners with your contract then where else are you likely to cut corners....hmmm things like license, insurance, permits, etc not to even the mention materials and methods you use to do the work.

Basically, I am saying here at CT we are professionals and most of us will only help other professionals not hacks who look to cut corners. Get your ducks in a row and come back and most of us would be more than willing to help if you have a SPECIFIC question.

jtpro · 08-09-2009, 05:14 PM

Quote:

Originally Posted by Hoof Hearted

CScalf:

You say you never write your own contracts- so I'm wondering. Is it because you have trouble wording them correctly, or because your attitude prevents you from landing jobs in the first place.

none the less...thanks for the link

p.s. by the way, I do know what a change order is, what I'm asking for is some knowledgable advice on how they are implemented into the contract.

any advice is appreciated.

DON'T go to a run of the mill lawyer ONLY one specializing in contracts. All contracts can be worded where they're subject to interpretation.

People like myself who have had classes in the past are taught how to exploit those holes to what ever need we see fit.

A better DETAILED contract leaves less chance of that.

Change orders are implimented in to a contract usually by reference only as to their excistence. They themselves are "mini contracts" as changes in applications,colors, or styles etc. are requested by one party or another.

Different municipalaties have different subsets that must be adheared to a good lawyer will know this and can write up a "generic" contract of sorts worded to leave out ONLY the less important features so you can have smaller but EQUALLY effective contracts for smaller jobs so as not to "scare" both parties.

BUT........If two HONEST people are entering into a business transaction why would ANYONE be afraid to sign an EQUALLY written contract?

480sparky · 08-09-2009, 07:43 PM

Quote:

Originally Posted by jtpro

DON'T go to a run of the mill lawyer ONLY one affluent in contracts.. ........

You want to go to an incredibly wealthy lawyer?

**ChrWright** · 08-09-2009, 07:55 PM

Quote:

Originally Posted by Hoof Hearted

p.s. by the way, I do know what a change order is....

Really?

Quote:

Originally Posted by Hoof Hearted

Also I've heard talk of what's called a "change order" being added...

So which is it? Either you know what a change order is, or you've "heard of it"...

Something smells rotten in Denmark...

jtpro · 08-09-2009, 08:30 PM

Quote:

Originally Posted by 480sparky

You want to go to an incredibly wealthy lawyer?

I would like to be smooth enough to twist and justify that into some smart reason for using that word there........... I will just go sit in the corner and writing 100 times the definition of affluent and the proper use of.

me with the dunce hat

480sparky · 08-09-2009, 08:36 PM

Quote:

Originally Posted by jtpro

........... I will just go sit in the corner and right 100 times the definition of affluent and the proper use of.

me with the dunce hat

Try writing it instead of righting it.

jtpro · 08-09-2009, 08:47 PM

Quote:

Originally Posted by 480sparky

Try writing it instead of righting it.

I should have known better than to buy a generic” hooked on phoonics” I guess the second “o” should have been the giveaway.

But if I knew that would I have needed it?

**ChrWright** · 08-09-2009, 08:49 PM

HusqyPro · 08-09-2009, 09:03 PM

Try this:

http://abcaforms.com/index.html

When I was first starting out and too broke for a lawyer I used contracts from Abca. When I was finally able to afford a lawyer he only made a few superficial changes. So they are good contracts.

CScalf · 08-09-2009, 09:29 PM

Quote:

Originally Posted by ChrWright

Is it ok if I do it??

Just wondering...

OGStilts · 08-09-2009, 09:30 PM

Quote:

Originally Posted by HusqyPro

Try this:
When I was finally able to afford a lawyer he only made a few superficial changes. So they are good contracts.

Bob you really should talk to this lawyer about your truck with 3 miles on it.

HusqyPro · 08-09-2009, 09:40 PM

Aw Christ. Don't even get me started about that raging pile of ****. Biggest mistake I ever made was buying that damn thing. Cummins in SLC finally got around to looking at it. Now they want Dodge to replace the transmission. Something is wrong with it. The tailgate got dented during transport somehow. I want to be rid of that headache.

Thou shalt never mention the unholy demon spawn Dodge again.

If I can get my money back I'm buying an International, and I don't want to hear about it!

constructonomics · 08-12-2009, 11:05 AM

The AIA has some pretty good construction documents as well for GC, design/build etc.

ARI001 · 08-12-2009, 12:10 PM

AIA contracts are unenforceable in several states. They are changing the laws regarding contract language and content in several states. Everyone here would be advised to have their contracts reviewed by a contract attorney if you have not already done so.

To the OP;
If you do not know what a change order is as well as how and when to implement one you are not ready to do jobs yet. A change order is an addendum to the contract that is issued when ever the scope of the project changes. They state the "change" in work or additional work, the cost of the additional work, and the the effect on time of completion.

Your best source for a well written contract will be a contract attorney. You should have had a contract in play before you ever started bidding projects. If you are indeed a GC this is one of your most important tools. You would be well advised to meet with an attorney discuss the type of work you do and have a contract written that will protect you. Also make sure you tell your attorney you want a contract written that is understandable and not full of legalease. Contracts like that can work against you in court and can be subject to interpretation.

mics_54 · 08-12-2009, 12:29 PM

http://www.uslegalforms.com/?puslf=g...FQk_agod82iHcA

or

http://www.legalforms.com/?gclid=CMK...FRZCagod8wqQcw

note that many states have laws which dictate the provisions needed in a contract. There are contracts in both of these links that are designed to meet the necessary state specific laws.

CA Contractor · 08-12-2009, 04:30 PM

I agree w/AR1001 on definition of change order. However Hoof Hearted should be aware that does not apply to 'opening up a project & there are more costly problems' - that would fall under 'Unforeseen Conditions' which we spell out clearly in our contracts. Not only good idea to consult an attorney but make sure you include all wording as required in your particular state. In California we must include in our contracts the 3-day right to cancel, specifics on cancelling, etc. Sorry but I agree w/others you do not sound like a GC when you state 'I've heard talk of a change order' ??????????? What state are you in?