SCOPEWhen creating a construction contract, it is important to be as specific as possible about the scope of the project. What is included? What isn’t? Will there be subcontractors involved? Is it an entire building? An Addition? A renovation? Be as specific as possible in the contract so that there are no misunderstandings later on.
PRICING & PAYMENTSYou’ll also need to agree on a price for the project. The contract should specify how much will be paid for the work, and when the payments will be made. How much will be paid upfront as a deposit? It should also include a clause in the contract that allows for progress payments. This means that the contractor will be paid by milestones, rather than all at once when the job is finished. Progress payments can help to ensure that the contractor is paid for their work in a timely manner. Be clear about when progress payments are due and how payments will be made. Will it be by check, cash, or bank transfer?
TIMELINEConstruction contracts need a clear timeline for the project. It should specify when the work will begin and when it is expected to be completed. It is important to include a clause that allows for delays, such as bad weather, supply issues, or unforeseen circumstances. This will ensure that both parties are clear on when work is expected to begin and when it should be completed. Don’t forget to include acceptable working hours and days of the week.
WARRANTIESFinally, the contract should include any warranties that are being offered by the contractor. For example, if the contractor promises to repair any defects in the work within a certain time period, that should be noted in the contract. By including all of this important information, both parties will know what to expect and can avoid any misunderstandings down the road.
- Dispute Resolution Clauses
- Are there any exclusions?
- What about changes?
BEFORE A CONTRACTBefore entering into any construction contract in any state be sure that you are legally able to enter such a contract.
- Do you need to be licensed?
- Do you have insurance?
- Do you need a bond?
LIEN LAWSWhile Lien Laws will not be a part of a construction contract with your client, it is good to know that Lien Laws are legal protections for contractors and subcontractors in the event that they are not paid for their work.
- Mechanics liens
- Preliminary Notice
- Notice of Intent
- Filing a Lien
- Release or Enforce a Lien
- Are you subject to a lien law?