Contracts

[Helavagal]

I know this has been addressed before, but I need to ask this question.

Do you use contracts or not? My lawyers are really reluctant to even draft one for me. Does someone have a contact that I can take to my lawyers and show them the format?

I appreciate your help!

[RMorrison]

Originally posted by Helavagal
My lawyers are really reluctant to even draft one for me.

Is this because they have no experience in construction law, or because they don't think you should have one?

You could easily get a copy of an AIA architect-owner agreement for reference. I suspect AIBD has one, too.

[Helavagal]

She does not want to give me a "fill in the blank" contract. She thinks it is not a good idea that I have one contract to fit all situations. My thought is she wants me to use her a lot more than that.

[jonthepain]

check your email.

jtp

[johnN]

Try this:
http://store.builderbooks.com/cgi-bi...U9NzY&mv_pc=47

[lbuttery]

My lawyers are really reluctant to even draft one for me


I'd look for a new lawyer

I am putting one together now and will share when it is ready.

May have a draft in the next few days, along with some disclaimers.

Lew

[HARRYBSTANFIELDJR]

lowes has them on there wed page .---cost $o

[Allen42acj]

Harry thanks..
here is the link
http://forpros.lowes.com/ResourceCenter/
Allen Colburn

[Wayne Walkden]

I was sued recently for returning a partial deposit for a project that I cancelled after starting the project only to discover that the client would be impossible to work with. He was a business executive for a large company here in Mass.. I had completed nearly 40 hours of work and nearly 3 concept designs for a 4400 sq ft house. It turned out that he lost his case against me because of the documents that I had kept, including a contract and a time log which documented everthing I had done on the account. The one thing I didn't have was a copy of the fax transmission page which would have proved that he had received all copies of the concept plans which he denied having seen. The judge ruled in my favor because I had done my homework. Since last week I have revised my contract a little, which describes the financial section a little clearer, and does allow me to hold onto a deposit for work that I have begun, but not yet completed. One good thing about my contract is that before I ever begin structural work on a plan 75% of the contract price must have been paid. Clients also must now sign a copy of the concept plan showing they have received a copy. I didn't lose this time, but I could have. I definetly do not recommend working without a contract. You will get burned at some point for sure. Hope this helps.

[lbuttery]

Wayne:

I have defined 4 phases and will collect 25% of the overall fee for each phase. Of that 25% I collect 50% at the start of the phase and 50% at the completion of the phase.

Completion is signified with signatures at each phase and the next phase doesn't start until the prior stage has been approved.

Once I do work for a phase, I keep that starting 50%, unless I truly have not done much. I can give it back, but I don't have to and I get to make that decision, not the client.

Lew

[Allen42acj]

I was going to do an addition for a guy,met him once then it was hard to get ahold of him,no answer machine and he never called me back(would think he had caller ID)Just had a bad feeling about him.
Sometimes you have to go by your gut feelings with people,so far I have been able to tell who is going to be a pleasure to work for and not.
The ones that want a home built rather than just a building(just an investment) are always nicer to work for.
Still stay in touch with some that I have framed thier homes

Allen Colburn
Off track a bit,but you can usally tell who you need a contract with or not.