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Question: What type contract do i need to protect my rights in contract of extensive upgrade of my home?

(Posted by: SuperCityRob on 2010-02-06 15:47:01)

I have picked out a contractor to do extensive work on outside of my home, including new roof, seamless guttering, new siding, new windows, extending the front foyer, extend back porch, all fascia, trim & more. What type of contract should I use to protect my rights and where could I find such an example of this contract. I'm about to spend $26, 000 and don't want to be taken advantage of. Thanks for all your help! Every answer has helped me, however the question was: Where can I find an example of this type of contract- - assuming I would be better protected having one? I need to add that these exact terms on the bottom of the estimate says: "50 % at start, **WEEKLY DRAW** of $2000 and balance upon completion. " What is this weekly draw...no one's ever heard of this? Sound funny that none of you mentioned this....I get more afraid of this attempt to upgrade this home the more I think about it. Is it THIS hard to get something done. I'm about to throw up my hands and forget it all. Help!! Thanks again- - you are all helpful. Thanks for any and all help!

Posted by: Danny on 2010-02-06, 17:34:07

While this isn’t a part of question but I’d make sure all employees were E-Verified to be legal to work in America. I would want to see a copy of the contractor’s employee liability insurance coverage and a lien release of all materials used on your home. If the contractor does not have liability insurance for his workers guess who gets sued if one of them gets hurt. If after you pay the contractor and the builders supply comes to you for payment of goods used you’ll have a lien release. If their not legal to work in the United States chances are they don’t know building code and their just nail pounders and siding & gutter hangers. The builders supply tried to reposes by brother in-laws goods and he had to go to court to stop it. The illegal aliens that did my roof pounded more holes in the new decking than the bad decking had and now my roof leaks. My roof got fixed only after I made a movie of the holes pounded in by the illegal aliens and gave the owner a copy i.e. he knew what I was going to do with the video. Contractors are just getting hard to trust anymore. My Opinion, Protect yourself. Use his contract, just get your lawyer to read it and make any necessary changes.

Posted by: trailerman_66 on 2010-02-06, 15:58:21

Sign a contract for 50 % at start of job, and 50 % upon successful completion

Posted by: MAB on 2010-02-06, 16:25:50

I can't tell you about American Law, but in England we have a Standard R.I.B.A. (Royal Institute Building Architects) contract. It protects both parties to a Contract. At a potential $26000 spend, dig a little deeper in you pocket to find a source for this. One very important piece of advice, DON'T START ALTERING SPECIFICATIONS AFTER AGREEING A CONTRACT !!! If you do, get EVERTHING in writing, AND get a QUOTATION, not an ESTIMATE, only sign additions AFTER you know the cost, If you, or your Builder, wander away from the work description (in writing) you risk ending up in Court and, very expensively, arguing. Better to hunt down the Contract fom your Professional Architectural Organisation. Finally. think through ALL you desires and get it right before starting the works. Hope all goes well. Regards to you Yanks.

Posted by: be safe and go on 2010-02-06, 17:51:23

For what your saying the contractor is going to do 26,000 seems a little on the cheap side. Make sure its a respectable contractor and ask for references. I would protect myself for a couple hundred more and get an attorney involved.

Posted by: bob f on 2010-02-07, 04:13:32

I would Start by calling the BBB.You can also call the county or city offices. where the work is to be done. Also make sure the contractor is licensed, bonded and insured and have them prove it. You're right, $26k is to be concerned about. If the co. is on the up and up, they shouldn't mind your asking for this proof. Hope this helps. Good luck !

Posted by: REAL SLATER on 2010-02-07, 10:39:11

It's really smart to watch your back. i guarantee your contractor has already determined what his profit and overhead are going to be on your job. he has also set budgets for all of the trades. now he's going to shop around cause any money he saves at this point is going in his pocket. he's going to be looking for deals on materials as well as labor. all i can say is micromanage everything. be in his business all the time. get involved with choosing materials and who's going to install them. don't just look at his options, find some of your own. remember, every single decesion he makes is going to be based on him maintaining his bottom line. i sub-contract all the time. contractors are crooks! there is not a piece of paper out there that keeps them honest and you protected. protect yourself by educating yourself. good luck also get him to guarantee his work. if you buy a twenty year roof, how come he won't guarantee his work for twenty years? this goes with everything. you could have hired all of this work out yourself but you hired him cause you had faith in him. make him prove himself and get your money's worth.