Ca, Home Improvement Contract Input - Contractor Talk - Professional Construction and Remodeling Forum

Jack_Clark · 10-27-2008, 11:11 PM

Posted in business but no responses so trying here.
I am creating a new Home Improvement Contract and Including the Terms and Conditions to the back. My question for everyone interested would be, "what does everyone have included as Terms and Conditions"? I have several templates and everything looks wonderful however if I left it all in I would have a novel not a contract.

I am just curious what others have included or excluded.

And yes I have used Neb's and other web templates as a self employed General, however the company I now manage wants their own not a store purchased product.

Thanks for the feedback.

**Double-A** · 10-28-2008, 01:05 PM

I would suggest you consider your local laws and customs in answering that question. Your company attorney will have to work with the contract if any litigious circumstances come up, so have them look over what you have. Ideally, a contract should spell out what each party will do in any conceivable situation.

So, in my view, it all boils down to what your area requires and what common laws are likely to be invoked based on your attorney's experience and the experience of the company.

BKFranks · 10-28-2008, 02:41 PM

Check out these sample forms and contracts listed by state. Maybe they can help give you an idea. http://www.abcaforms.com/

ewingpainting · 10-29-2008, 12:10 AM

here you go, I don't know if you guys have this or not but it good to have

Bkessler · 10-29-2008, 08:23 AM

5. Electrical shall be installed to standard of the National Electrical Code and is guaranteed free from shorts circuits for one year. No other warranties are expressed or implied.
6. Electrical is not responsible or liable of any part of the existing electrical system.
7. Electrical contractor may make holes in building for the routing of electrical cables & conduits and shall not be held liable for labor or costs incurred for painting, texturing or repairing walls, ceilings or flooring.
8. Permits and inspections and or plans required for this work are the responsibility and liability of the party submitted to in section 1.
9. Change orders: any alteration or deviation from the above specifications involving extra cost will be make only upon written agreement, and will become an extra charge above the contract price.
10. Delay: electrical contractors priority are emergencies, and will be excused from delays due to emergencies or any delay beyond our control, These delays may include, but are not limited to acts of god, labor disputes, inclement weather, acts of owner or public authority or any other unforeseen contingencies.
11. Right to stop work: If any payment under this contract is not make when due, Electrical Contractor may stop work until all due payments have been made.
12. Any failure of payment to Electrical contractor is subject to a claim against the property in accordance with applicable lien laws.
13. It is agreed that any payment to Electrical Contractor shall not be withheld due to any delay or failed payment to party submitted in section 1.
14. Malicisous mischief and vandalism including theft on the job shall be the responsibility of the party submitted in section 1.
15. Over due accounts will be charged a late charge at the rate of 1.5% a month, or the maximum rate permitted by law.
16. In the event any party to this contract commences any action, legal or otherwise, to collect the contract price the prevailing party shall be entitled to recover attorney’s fee and all other costs.
17. Party submitted to shall give written notice of a back charge within five days of the act giving rise to back charge. If no such notice is given within the five day period the back charge shall not be allowed.

Here is a copy of mine.

Jack_Clark · 10-30-2008, 08:55 PM

Hey everyone thanks for all the input.
I am now up to 9 pages that will be sent to out lawyers to review.