How detailed are your contracts?

Yeah, visiting a lawyer would be the best way to go. You might find a seminar or class in your area that goes over construction contracts. I went to one recently that was taught by a construction law attorney, he went over everything that should be included in a construction contract. He basically listed out all the clauses that should be in there such as; disputes and remedies, notice to customer, correction of work, warranty, and well there's 16 in the list, I won't list all of them. Of course it will be different where ever you go, so you need to consult that with a local construction law attorney.

One problem though with attorneys trying to explain this, is they don't look at it from a builders point of view. They get too tunnel visioned and focus too much on just the details that need to be in a contract. They don't cover things like when to use what on certain jobs. If I'm doing small work then some things may not apply. If my job is to patch a hole in drywall, I'm not going to write up a ten page contract and include allowances, interest, building codes, and whatever. But with some jobs, yeah you would need to.

I don't have any contracts pre-written up for my jobs. I write them out as I go, but that's something I need to work on is to write up some default contracts specifically suited for the type of work I do.

Here's the headers of the clauses in my 'boilerplate' contract:

01. NON-COMPETE CLAUSE:
02. PERFORMANCE:
03. CONSTRUCTION STANDARDS:
04. MATERIALS AND EQUIPMENT:
05. EXCLUSIONS:
06. JOB SITE WASTE REMOVAL:
07. CHANGE ORDERS:
08. NATIONAL AND LOCAL CODES:
09. FIXTURES AND EQUIPMENT SUPPLIED BY OTHERS:
10. JOB SITE SECURITY:
11. ACCESS TO WORK AREA:
12. WARRANTY:
13. ELECTRICAL CONTRACTOR SHALL NOT BE LIABLE:
14. OWNER/CONTRACTOR DEFAULTS:
15. PERMITS, INSPECTIONS and INSURANCE:
16. TEMPORARY (CONSTRUCTION) POWER AND LIGHTING:
17. OWNER/CONTRACTOR INSURANCE:
18. UNFORESEEN CIRCUMSTANCES:
19. CHANGES AND MODIFICATIONS TO WORK:
20. CESSATION OF WORK:
21. TERMINATION OF CONTRACT:
22. CONFIDENTIALITY AND NON-DISCLOSURE:
23. COMMODITY PRICES:
24. JOB SITE IMAGES, PHOTOGRAPHY AND VIDEO:
25. EXPIRATION OF THIS PROPOSAL:
26. PAYMENT SCHEDULE:

We have around 6 Master versions of contracts, and several variations on each depending on each particular project.

We don't have only one, because as mentioned sometimes you don't need particular clauses/too vague and becomes too much to go through.

I have personally never had an issue with a client arguing the language in my contracts. They are extremely clear.

I don't agree with having a Lawyer write up your contracts. As a GC, you should know what you need. Your contract needs to also comply with the law/statues/regulations. Last thing you want is for your contract to be dismissed/overridden by governing laws.

Don't ever just throw a contract together. Don't ever breeze through the scope of work attached to the contract. Ever. Be very clear and deliberate in the words you choose when describing the scope of work. Always assume that this contract will end up in front of a Mediator/Dispute resolution officer/Judge. Go through your contract enough times that you can't find any loopholes/vague statements.

rselectric1 said:

OK now I feel bad again.:laughing:

Maybe you should call in your Chicago mob connections-me, angus, etc:laughing:

We'll break bread then go take care of business.

Click to expand...

So I sould tell them I'm sending RS & Angus over to collect? What should I tell them when they stop laughing?

Look, here's the deal: I have had great success and great failure - that's who I am.

I joined this forum for three reasons:

1. Maybe my 20+ years in this biz could help some of the posters. I'll gloat when I win, I'll cry on your shoulders when I lose. Hopefully someone learns something - one way or the other!

2. Maybe all the experience available here could show me a win or how to prevent a lose. I read them all - win or lose. All the posts mean something to me. I thank all of you for sharing! You're to be applauded :clap:

3. I found myself needing to have someone to talk to. My wife and kids have no idea what my day is like. When I spout off about what a great sale I made or what a shi***y day I had - they don't see it from the same point of view as you guys do. Sometimes I have nothing to say but I come for a laugh.

Cheers Comrades!

Happy Holidays.

Nothing but the best to you and your's.

2010 is looking good for us - let me know how I can help make your's the same.

Able and Willing!

P.S. OP do you still need a contract? I paid about $10,000 over the years to have mine developed... In the spirit of Christmas ... send me a PM - I'm not going to share it with all the low-lifes out here! :laughing: