Hey Phobia and whoever else owns a construction business.

[El Jefe]

Hey those of you own a construction business could you give me a hand with a little Business Law project I need to do? This is the hypothetical scenario:

I am a small cosntruction business, a client has approached me about building a deck on their house. Said deck is 8' x 15'. I am supposed to develop a contract for the project. I am supposed to do any research and devise a contract that protects my (the business) interests. Does anyone have a common form they use they could send me to get a starting ground? I just need a template even to have a foundation. Hopefully someone can help me, thanks fellas!

Looks like Iowanian has pointed you in the right direction. My contracts aren't chock full of legalese. They specifically say what I'm doing, by what dates, payment schedule, and have a list of exclusions. They also stipulate that I can't predict unseen problems, that if I tear into a wall full of mold that there will be additional charges.

[El Jefe]

Originally Posted by Iowanian

You basically need to define the scope of work, the deliverables, define things like who pays for materials, completion date and what happens when changes/modifications are made. Is there a concept design/blueprint or are you designing it? Is there an exit clause for both the contractor and client? If contract is terminated by either party, what happens?

Are you building it from treated lumber and the client expected it to be built from bristle cone pine and balsa?


I agree that this is a very good exercise in things you'll be dealing with in real life business.

We are supposed to design the contract ourselves.

[Iowanian]

no...not what I meant.

Is the contractor(builder) working from an existing design?

Why is this important? Which type of construction will be employed? Are they setting it on posts and concrete? Attaching to house? Where are the steps? What type of railings? Is it in the contract that it will be constructed to the city codes regarding spacing for spindles etc...

I was giving you examples of items that need to be addressed in the scope of work and deliverables.

Who is responsible if you bring a fatty onto the deck and it fails...who is responsible if you get drunk with the contractor and lose a suburban in Mexico?

[ClevelandBronco]

Originally Posted by Iowanian

Who is responsible if you bring a fatty onto the deck and it fails...

I guess it's the fault of the guy who rolled the defective fatty.

[kc rush]

Originally Posted by Iowanian

Who is responsible if you bring a fatty onto the deck and it fails...who is responsible if you get drunk with the contractor and lose a suburban in Mexico?

That replacement truck was something to see though.

[Stewie]

Originally Posted by Phobia

Heh. Well, I'll be the first to admit I don't. Times are tough on contractors. I don't always ask for 50% but I schedule fair payment intervals to make sure I won't take a bath if the client goes batty on me.

I had a buddy that went out on his own as a siding contractor. He was a hero for asking for nothing up front until the house that bit him in the ass. He had several thousand dollars in materials and labor on a house that ended up not paying. There was nothing he could do about that job since the siding was part of the house and worthless (and expensive) if he tore it off.

[Bugeater]

Originally Posted by Stewie

I had a buddy that went out on his own as a siding contractor. He was a hero for asking for nothing up front until the house that bit him in the ass. He had several thousand dollars in materials and labor on a house that ended up not paying. There was nothing he could do about that job since the siding was part of the house and worthless (and expensive) if he tore it off.

Yep, that's the side of the story most people don't get. If I walk into a store and take something without paying for it, it's a crime and I get arrested. If I hire a contractor and don't pay them, it's business and the worst thing that can happen is I can get a judgment against me. Either way it's ****ing stealing if you ask me.