Contract And Terms.

 
Thread Tools Search this Thread Display Modes
Old 09-22-2006, 05:48 PM   #1
Member
 
AFI's Avatar
 
Trade: Paint Contractor
Join Date: Sep 2006
Location: Miami, Florida
Posts: 92
Rewards Points: 75

Contract And Terms.


I'm glad to found this forum with active paintors. So this is my first topic and hope not the last one.

I found out during the time talking with others contractors on my area that they donít have a real contract that protect them self against any problem with a customer. Some of them (like my self) start with a simple or generic contract (provide in good faith by a paint store sales rep.) or hire a lawyer to make one for you and later found out that is the same thing.

So I collected all the experiences of all my colleges and myself and prepare a beta version of a real contract to protect our business. I want to share this with you, take a moment to review it, make comments, give me your feed back, lets work together on this, we could save the business of some one.

Be advice
1) This could vary from state to state so at the end give to a lawyer to make sure that comply with all the state rules and laws.
2) There are some grammar and spelling mistake.
3) This is good for residential and small commercial jobs
4) Large commercial contract need another type of contract. But you can implement some of these items.

Thanks

Art

---------------------------------------------------------------

Front of your Contract were your clients will sign.

ACCEPTANCE OF CONTRACT
I acknowledge that I have read and agrees to be legally bound by all contract terms and conditions contained in this contract and on the REVERSE SIDE. I have received a duplicate copy of this Contract and have full power and authority to sing for and bind the contractor. By signing this contract I allow My Company Name to obtain credit bureau report in connection with the review or collection of this account. In addition, I personally guarantee payment of all amounts due from My Company Name. The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above

SEE BACK FOR TERMS AND WARRANTY


Back of your contract
Terms

a. Customer/s Owner/s hereby applies for the central described on the reverse side subject to the payment terms described on the reverse side.

b. My Company Name reserves the right to change rates and any other term in this Contract upon thirty days written notice to Customer/s Owner/s. Customer/s Owner/s shall have the right to terminate this contract if any such change is not acceptable upon written notice to My Company Name within the thirty-day period. If Customer/s Owner/s does not so notify My Company Name, such change will be deemed agreed to by the parties. Under any termination of this contract by you or us you will continue to be obligated to pay all amounts owing under this contract, and to otherwise perform the terms and conditions of this contract.

c. In the event that payment is not made in accordance with the conditions of this contract. My Company Name, reserves to: right at any time without notice to Customer/s Owner/s, to cancel or any of the paint work, which is the subject of this contract. My Company Name reserves the right to cancel credit granted to any Customer/s Owner/s at any time, with or without cause

d. If invoice is not paid in accordance with the terms, there shall be added there to and made an integral pad thereof part thereof a late charge at the rate of 1.8% per month on the unpaid balance for each month or oration of a month, that such balance remains unpaid, plus all costs incurred in collection, together with attorney's fee of 30% of such unpaid balance.

e. lf credit card information is provided to My Company Name, then Customer/s Owner/s and the authorized user of such credit card hereby authorize My Company Name to charge such credit card for all which become due to My Company Name under this Contract and future Contract with My Company Name This authorization can be revoked only by written.

f. We may accept checks, cashier checks or *money order showing payment in Full" or using other language to indicated satisfaction of your debt ("disputed amount") without waiving any of our rights to receive full payment under the term or this Contract.

g. Return check is subject to a $30.00 fee and payment must be paid in full by a cashier check or *money order.

h. If Customer/s Owner/s is an agent for the entity on behalf of whom the Customer/s Owner/s is placed. Customer/s Owner/s shall pay My Company Name all amounts due under this Contract, regardless of the entity's failure to pay.

i. The pricing term offered by My Company Name in connection with this contract constitutes confidential and may not de disclosed by either party to any third party except as necessary to carry out the term of this Contract or as required by law.

j. Contract can be cancelled by the buyer by notifying in writing My Company Name, within three business days from the date the buyer signs the contract. However is subject to a cancellation fee of 20% of the total contract amount plus any expense was involve on this job.

k. Additional Change Order must pay on signing with no exemption.

l. In case the Customer/s Owner/s for any reason stop the work ones we start, must pay for the day/s not worked additional to the contract. A mobilization fee will apply.

m. Federal law requires that Customer/s Owner/s receive certain information about lead if your property was built before 1978. In case your property contains lead paint on more than 2 square feet of paint we are not able to continue the paint job unless precaution takes place accordingly to the EPA (United States Environmental Protection Agency) regulations at Customer/s Owner/s expenses. Please refer to EPA publications EPA747-K-99-001 and EPA747-K-97-002.

n. In the event we found any anormality beyond our hands that we didnít detect at the moment of the estimate and result for extra work a "Change Order'' is written for the additional work.

o. Is Customer/s Owner/s responsibility to inform My Company Name is there are any living forms on the property that can be affected in any way by VOCís (Volatile Organic Compounds) & Formaldehydes. My Company Name is not responsible for any damage caused by product used during the paint work.

p. My Company Name is not responsible for any broken or loose roof tile before, during and after work is complete

q. It shall be the responsibility of the Customer/s Owner/s to perform any trimming or pruning of foliage necessary to prevent any problems with the requirements of the coating work.

r. The Owner shall be responsible to remove or protect loose objects in the work area that are not included in this scope of work. If such items are not removed, the contractor shall not exercise due diligence to protect any such items, and will not be responsible for any damages. Including any type of vehicle/s on the property or surrounding areas.

s. The Owner shall be responsible for providing proper parking space for company vehicles and/or personal vehicles, and equipment as necessary to complete all work.

t. Approximate Starting Dates and or Approximate Paint Work Duration are not exact dates and could vary depend on weather conditions strikes, accidents or delays beyond our control.
AFI is offline  

Warning: The topics covered on this site include activities in which there exists the potential for serious injury or death. ContractorTalk.com DOES NOT guarantee the accuracy or completeness of any information contained on this site. Always use proper safety precaution and reference reliable outside sources before attempting any construction or remodeling task!

   

Advertisement

 

Old 09-22-2006, 06:33 PM   #2
Pro
 
KellyPainting's Avatar
 
Trade: Painting Contractor
Join Date: May 2006
Location: Mass
Posts: 687
Rewards Points: 500

Re: Contract And Terms.


Mines pretty lenthy also... got most of the info here actualy..(thanx guys)
some stuff I'd leave out.... major stuff in my opinion that you missed are..

Provisions on bathrooms..... Proper disposal of paint cans (I leave it soley up to the customer to dispose of all my trash) and a section on color choice.. who makes it.. who signs off on it.. and what happens if it is deamed unworthy by the customer after being applied for days?

Advertisement

KellyPainting is offline  
Old 09-22-2006, 07:53 PM   #3
Pro
 
Flawless Finish's Avatar
 
Trade: Painting
Join Date: Aug 2006
Location: St. Louis, MO
Posts: 106
Rewards Points: 75

Re: Contract And Terms.


Yes, as well as Kelly, mine is pretty long and I got most of the stuff from the members too.

Some other things that I have include are furniture moving, job access (times), warranty, and the ability for the customer to cancel within 3 days.

I noticed in "I" you say the customer must pay for days missed, but there is no man-hour price included. Having one would eliminate any argument.

As far as "P" you might be able to get the customer to believe that, but I'm pretty sure that wouldn't hold up in court, as you can't eliminate your liability.

I am going to use your "pay at time of signing" of chage orders if it's alright. I have something about chage orders, just not about payment.
Flawless Finish is offline  
   
 
Old 09-22-2006, 08:54 PM   #4
Member
 
lpp's Avatar
 
Trade: Project Management
Join Date: Apr 2006
Posts: 84
Rewards Points: 75

Re: Contract And Terms.


We have a seperate form for the 3 day right to cancel. It is our understanding that by law the client receives one copy and signs the other copy acknowleding receipt of right to cancel, which is basically the same form but with a place for your clients signature at the bottom. Also, from what I understand if they cancel within that 3 day period that are entitled to a full refund without deductions. I could be wrong, but that is my understanding of the law.
lpp is offline  
Old 09-22-2006, 09:03 PM   #5
Member
 
AFI's Avatar
 
Trade: Paint Contractor
Join Date: Sep 2006
Location: Miami, Florida
Posts: 92
Rewards Points: 75

Re: Contract And Terms.


Quote:
Originally Posted by lpp View Post
We have a seperate form for the 3 day right to cancel. It is our understanding that by law the client receives one copy and signs the other copy acknowleding receipt of right to cancel, which is basically the same form but with a place for your clients signature at the bottom. Also, from what I understand if they cancel within that 3 day period that are entitled to a full refund without deductions. I could be wrong, but that is my understanding of the law.
But what happened if you bought some materials already
AFI is offline  
Old 09-22-2006, 09:33 PM   #6
Pro
 
Joewho's Avatar
 
Trade: Painter
Join Date: Sep 2006
Location: Chicago, IL
Posts: 851
Rewards Points: 500

Re: Contract And Terms.


I usually use a standard proposal, write in the exact work to be done and terms. If a deposit is required, I let the customer know that a deposit is not the same as an advance.

Everything gets signed. I've never had a problem that could not be solved by referring back to the proposal. If the customer wants something that's not in the proposal, such as disposal of paint cans or something else small. I give it to them.

If they give me lunch and then want me to spend an extra day working on something that's not on the prosposal, I usually won't do it.

I will bring in the garbage cans, newspaper, let the dog out and other small things a customer appreciates.

However, I do my best to work alone, which means reasonably small jobs.
Joewho is offline  
Old 09-22-2006, 09:40 PM   #7
Pro Painter
 
AAPaint's Avatar
 
Trade: Painting Contractor
Join Date: Apr 2005
Posts: 2,314
Rewards Points: 1,000

Re: Contract And Terms.


My contract I also got from members here quite a while ago. It has since been edited heavily and is about 9 pages long. There is no doubt my customers understand that this is a business and there won't be any funny stuff.

If we have purchased products we can not return, we are keeping the money. Point blank. Honestly, I don't care what a judge would say about that, although I think they would agree. We wouldn't be buying stuff for their job had they not signed a legally binding contract and given us a check in good faith for said services.

This is all clearly stated in my contract though, and isn't something it takes a rocket scientist to figure out. If we bought something we only intended to use for one client like tinted paints, we have the right to be compensated for such purchases believing that our client was a grown man/woman with enough sense to understand the contract they signed hiring us to do work.
__________________
Weathered Wood Restoration LLC
Deck Staining & Restoration Jacksonville, FL
Pressure Washing Jacksonville, FL
AAPaint is offline  
Old 09-22-2006, 10:50 PM   #8
Member
 
painterjim's Avatar
 
Trade: Painting
Join Date: Sep 2006
Posts: 61
Rewards Points: 75

Re: Contract And Terms.


Quote:
This is all clearly stated in my contract though, and isn't something it takes a rocket scientist to figure out. If we bought something we only intended to use for one client like tinted paints, we have the right to be compensated for such purchases believing that our client was a grown man/woman with enough sense to understand the contract they signed hiring us to do work.
The three day right of recension can't be challenged, they can cancel within three business days, and if you have bought materials you are just out of luck.
painterjim is offline  
Old 09-23-2006, 02:49 AM   #9
Pro
 
Flawless Finish's Avatar
 
Trade: Painting
Join Date: Aug 2006
Location: St. Louis, MO
Posts: 106
Rewards Points: 75

Re: Contract And Terms.


Quote:
Originally Posted by lpp View Post
We have a seperate form for the 3 day right to cancel. It is our understanding that by law the client receives one copy and signs the other copy acknowleding receipt of right to cancel, which is basically the same form but with a place for your clients signature at the bottom. Also, from what I understand if they cancel within that 3 day period that are entitled to a full refund without deductions. I could be wrong, but that is my understanding of the law.
You're right on the law. I think some states allow even longer than that. My concern with this part of my contract is what if I start the project next day? I want to put "has right to cancel transaction, unless work has commenced", but I'm not sure that is legal.

Actually I just checked and I forgot I had changed it to that already.

After the 3rd day, their deposit is mine.
Flawless Finish is offline  
Old 09-23-2006, 08:22 AM   #10
Pro Painter
 
AAPaint's Avatar
 
Trade: Painting Contractor
Join Date: Apr 2005
Posts: 2,314
Rewards Points: 1,000

Re: Contract And Terms.


Hmm.....Guess I'll have to fight that one in court if it ever comes down to it.

I'm not one to keen on bending over backwards for ignorant laws. If a grown a$$ man signs a contract and writes me a check, he should understand that he has hired someone. If we buy materials that we can not return that are specific to his job only, they are paying for it....period. Also, if we start work before the three days are up, I would consider that as meaning the customer has waived their right to cancel.

What can I say? I'm a non-conformist. I'm not paying out of my pocket for the customer's materials, and to be honest, I don't care what a judge says about it. There is nothing un-just about making a customer pay for materials you purchased for their project in good faith. I truely don't care much for the 3 day rule, although we are sure to inform the customer. Aside from extreme circumstances, the person would have to be mentally incapable to not understand what they signed and why they wrote a check.

If a law is un-just, it is your duty as a patriot to ignore such laws. I'm number one in the list for such actions.
__________________
Weathered Wood Restoration LLC
Deck Staining & Restoration Jacksonville, FL
Pressure Washing Jacksonville, FL
AAPaint is offline  
Old 09-23-2006, 08:44 AM   #11
Member
 
AFI's Avatar
 
Trade: Paint Contractor
Join Date: Sep 2006
Location: Miami, Florida
Posts: 92
Rewards Points: 75

Re: Contract And Terms.


Quote:
Originally Posted by AAPaint View Post
Hmm.....Guess I'll have to fight that one in court if it ever comes down to it.

I'm not one to keen on bending over backwards for ignorant laws. If a grown a$$ man signs a contract and writes me a check, he should understand that he has hired someone. If we buy materials that we can not return that are specific to his job only, they are paying for it....period. Also, if we start work before the three days are up, I would consider that as meaning the customer has waived their right to cancel.

What can I say? I'm a non-conformist. I'm not paying out of my pocket for the customer's materials, and to be honest, I don't care what a judge says about it. There is nothing un-just about making a customer pay for materials you purchased for their project in good faith. I truely don't care much for the 3 day rule, although we are sure to inform the customer. Aside from extreme circumstances, the person would have to be mentally incapable to not understand what they signed and why they wrote a check.

If a law is un-just, it is your duty as a patriot to ignore such laws. I'm number one in the list for such actions.
I'm agree 100% with you.

Art
AFI is offline  
Old 09-23-2006, 09:19 AM   #12
Painting Contractor
 
George Z's Avatar
 
Trade: Painting Contractor
Join Date: Dec 2004
Location: Toronto
Posts: 1,880
Rewards Points: 1,138

Re: Contract And Terms.


Quote:
Originally Posted by AAPaint View Post
Hmm.....Guess I'll have to fight that one in court if it ever comes down to it.

I'm not one to keen on bending over backwards for ignorant laws. If a grown a$$ man signs a contract and writes me a check, he should understand that he has hired someone. If we buy materials that we can not return that are specific to his job only, they are paying for it....period. Also, if we start work before the three days are up, I would consider that as meaning the customer has waived their right to cancel.

What can I say? I'm a non-conformist. I'm not paying out of my pocket for the customer's materials, and to be honest, I don't care what a judge says about it. There is nothing un-just about making a customer pay for materials you purchased for their project in good faith. I truely don't care much for the 3 day rule, although we are sure to inform the customer. Aside from extreme circumstances, the person would have to be mentally incapable to not understand what they signed and why they wrote a check.

If a law is un-just, it is your duty as a patriot to ignore such laws. I'm number one in the list for such actions.
This law is not unjust.
Other that any money spent on the project already should be compensated,
it exists to protect consumers from the bad contractors and salesmen.
Ethical contractors should have nothing to worry about.
__________________
My Painter Made me this Video
George Z is offline  
Old 09-23-2006, 11:02 AM   #13
My custom title
 
Brushslingers's Avatar
 
Trade: Painting, faux, rock, plaster, texture, tile, laminates, finish carpentry contractor
Join Date: Jul 2006
Location: Tallahassee, FL
Posts: 1,559
Rewards Points: 1,000

Re: Contract And Terms.


Quote:
Originally Posted by George Z View Post
Ethical contractors should have nothing to worry about.
Key words there... I haven't responded to this thread because I have a one page, four line contract. Never had a problem, and in fact... the simple wording has even stood up in court the one time I had to go. Scope of work qouted is scope of work qouted, most contractors will never need all of that... wording.
__________________
Benn

Quote:
Originally Posted by Brian
Paint does a lot more than put color on a surface. It protects surfaces, it can reduce maintenance costs, it can enhance lives.
Brushslingers is offline  
Old 09-23-2006, 11:04 AM   #14
Member
 
painterjim's Avatar
 
Trade: Painting
Join Date: Sep 2006
Posts: 61
Rewards Points: 75

Re: Contract And Terms.


Quote:
If a law is un-just, it is your duty as a patriot to ignore such laws. I'm number one in the list for such actions.
That's an ignorant statement...no offense.Tax laws are very unjust, laws restricting me to wear a seatbelt in my view are unjust, many property laws are very unjust, your'e saying that if one determines in his world a law to be un just he should simply ignore it?

Next time your taxes are due just pay what you feel is just and ignore the rest
painterjim is offline  
Old 09-23-2006, 11:09 AM   #15
My custom title
 
Brushslingers's Avatar
 
Trade: Painting, faux, rock, plaster, texture, tile, laminates, finish carpentry contractor
Join Date: Jul 2006
Location: Tallahassee, FL
Posts: 1,559
Rewards Points: 1,000

Re: Contract And Terms.


Quote:
Originally Posted by painterjim View Post
Next time your taxes are due just pay what you feel is just and ignore the rest
Heh, I like this dude. No really, he was referring to the three day law, and he's right to the point that if within two days he has already bought the materials... the deposit can and will reflect that amount if they raise that law... No way i'm gonna eat a 5 of custom, unreturnable paint either.. and if they try to sue for that 80 bucks... let em.
__________________
Benn

Quote:
Originally Posted by Brian
Paint does a lot more than put color on a surface. It protects surfaces, it can reduce maintenance costs, it can enhance lives.
Brushslingers is offline  
Old 09-23-2006, 03:07 PM   #16
Member
 
AFI's Avatar
 
Trade: Paint Contractor
Join Date: Sep 2006
Location: Miami, Florida
Posts: 92
Rewards Points: 75

Re: Contract And Terms.


Ok for the florida contractors go here and read (cool off rule)
http://myfloridalegal.com/pages.nsf/...c!OpenDocument
AFI is offline  
Old 09-23-2006, 03:38 PM   #17
My custom title
 
Brushslingers's Avatar
 
Trade: Painting, faux, rock, plaster, texture, tile, laminates, finish carpentry contractor
Join Date: Jul 2006
Location: Tallahassee, FL
Posts: 1,559
Rewards Points: 1,000

Re: Contract And Terms.


Quote:
Originally Posted by AFI View Post
Ok for the florida contractors go here and read (cool off rule)
http://myfloridalegal.com/pages.nsf/...c!OpenDocument

Cool, but it doesn't apply, i've already talked to the commision, services rendered are different in all states... in THIS state services are not taxed, and in most cases exempt from the 3 day rule. We do not supply a product, we supply a service.

edit - the wording is "on a continuing basis", one timers aren't effected by that byline.
__________________
Benn

Quote:
Originally Posted by Brian
Paint does a lot more than put color on a surface. It protects surfaces, it can reduce maintenance costs, it can enhance lives.
Brushslingers is offline  
Old 09-23-2006, 03:59 PM   #18
Pro Painter
 
AAPaint's Avatar
 
Trade: Painting Contractor
Join Date: Apr 2005
Posts: 2,314
Rewards Points: 1,000

Re: Contract And Terms.


Quote:
Originally Posted by painterjim View Post
That's an ignorant statement...no offense.Tax laws are very unjust, laws restricting me to wear a seatbelt in my view are unjust, many property laws are very unjust, your'e saying that if one determines in his world a law to be un just he should simply ignore it?

Next time your taxes are due just pay what you feel is just and ignore the rest
Oh, I beg to differ...that statement is FAR from ignorant.

The IRS tax code is actually constitutionally illegal. Not simply unjust. The taxes your business pays are a legal tax, but not your personal tax.

It's supposed to be up to your own sense of morality what is a just law and what is not. That's the way this country was designed. "The rule of law is not an injunction to blind obedience. Instead, the rule of law is a principle of the limitation of the authority of government."

St. Augustine said that "An unjust law, is no law at all."

Yes, I am saying you should ignore unjust laws, and that's cool if you think it's ignorant because I wasn't the first to say it...What do you think a trial by jury is for?

You should hope if you or your loved ones are ever brought up on charges of an unjust law you get at least ONE juror who understands the meaning of all that.
__________________
Weathered Wood Restoration LLC
Deck Staining & Restoration Jacksonville, FL
Pressure Washing Jacksonville, FL
AAPaint is offline  
Old 09-23-2006, 04:01 PM   #19
Pro Painter
 
AAPaint's Avatar
 
Trade: Painting Contractor
Join Date: Apr 2005
Posts: 2,314
Rewards Points: 1,000

Re: Contract And Terms.


Quote:
Originally Posted by Brushslingers View Post
Cool, but it doesn't apply, i've already talked to the commision, services rendered are different in all states... in THIS state services are not taxed, and in most cases exempt from the 3 day rule. We do not supply a product, we supply a service.

edit - the wording is "on a continuing basis", one timers aren't effected by that byline.
Amen Brushslinger!
__________________
Weathered Wood Restoration LLC
Deck Staining & Restoration Jacksonville, FL
Pressure Washing Jacksonville, FL
AAPaint is offline  
Old 09-23-2006, 04:07 PM   #20
Member
 
AFI's Avatar
 
Trade: Paint Contractor
Join Date: Sep 2006
Location: Miami, Florida
Posts: 92
Rewards Points: 75

Re: Contract And Terms.


Quote:
Originally Posted by Brushslingers View Post
Cool, but it doesn't apply, i've already talked to the commision, services rendered are different in all states... in THIS state services are not taxed, and in most cases exempt from the 3 day rule. We do not supply a product, we supply a service.

edit - the wording is "on a continuing basis", one timers aren't effected by that byline.
In Florida State the cool off rule apply for service in the near future. For example, If you sign a contract today and start tomorrow the cool off rule donít apply. But if your sign contract today and start in 5 days later the cool off rule apply. Now to protect my business I explain to my customers that in case they what to implement the cool off rule they have to pay for the materials I already bought.

Remember, this cool off rule is made to protect the consumers against crappy contractors or salesman. So who protect us from crappy customers? The contract and agreement with terms the customer sign. And if I have to go to court to defend my rights I will. Cost me a lot of efforts and hard work to be in the position that Iím in my business, so I donít let any bad customer to take advantage of my

Of course this not apply to all states.

Thanks

Art

Advertisement

AFI is offline  


Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Join Now... It's Fast and FREE!

I am a professional contractor
I am a DIY Homeowner
Drywall Talk is for
PROFESSIONAL CONTRACTORS ONLY!

At DrywallTalk.com we cater exlusivly to professional contractors who make their living as a contractor. Knowing that many homeowners and DIYers are looking for a community to call home, we've created www.DIYChatroom.com DIY Chatroom is full of helpful advices and perfect for DIY homeowners.

Redirecing in 10 seconds
No Thanks
terms of service

Already Have an Account?