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!

[El Jefe]

Edit: If you aren't a construction business, but know the legalities I should use, feel free to chime in also. Thanks

[Jenson71]

Most Contract Law textbooks have sample contracts in an appendix in the back.

[El Jefe]

Originally Posted by Jenson71

Most Contract Law textbooks have sample contracts in an appendix in the back.

I wish mine did.

[LiveSteam]

Ask Bugeater. He does proposals & contracts ect. I own a small masonry bizz. & work mostly on hand shakes. Never been burned. If I do work for some one who is not a home builder or contractor. I will ask for 50% up front & the rest when the job is done. If they cry about 50% up front. Its a good sign they don't have the money to start with. & I just say no thanks.

[ClevelandBronco]

Originally Posted by LiveSteam

Ask Bugeater. He does proposals & contracts ect. I own a small masonry bizz. & work mostly on hand shakes. Never been burned. If I do work for some one who is not a home builder or contractor. I will ask for 50% up front & the rest when the job is done. If they cry about 50% up front. Its a good sign they don't have the money to start with. & I just say no thanks.

I know this isn't the subject of the thread, but I've bought many thousands of dollars of real estate improvements and I'd never pay a dime up front. It's a good sign that the contractor doesn't have the money to fund his "business" (or what he's pretending is a business) and I just say, "No, thanks."

Originally Posted by ClevelandBronco

I know this isn't the subject of the thread, but I've bought many thousands of dollars of real estate improvements and I'd never pay a dime up front. It's a good sign that the contractor doesn't have the money to fund his "business" (or what he's pretending is a business) and I just say, "No, thanks."

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.

[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.

[rageeumr]

I work for a small commercial contractor. I have templates for a few different contracts. Most are by the AIA (American Institute of Architects). They are reasonably balanced as far as protecting both the owner and the contractor. Let me know if you'd like copies.

[mikeyis4dcats.]

We use AGC contracts. I could get you a draft, but of course it's about 20 pages long and way overkill for what you are looking for. Phobia might have something...see if he replies.

[El Jefe]

Originally Posted by mikeyis4dcats.

We use AGC contracts. I could get you a draft, but of course it's about 20 pages long and way overkill for what you are looking for. Phobia might have something...see if he replies.

Yeah that may be a tad long LOL. I really am just needing a very cut and dry contract, but thanks man!

[ChiTown]

Originally Posted by kcchiefsfanGoJC

Yeah that may be a tad long LOL. I really am just needing a very cut and dry contract, but thanks man!

Actually, this is a good exercise for a student to do on their own, without the help of professionals.

Just think through all the areas in building a deck, or providing a service like this, where there would be liability. Then, think of all the things that you are responsible for providing for the project, and what the client must provide - basically your scope of work. Tell them when you expect to get paid, how you expect to be paid, and when you will get started/completed. Don't make any guarantees that you don't have to, and make sure it makes sense to you.

Good luck

[Stewie]

Originally Posted by ChiTown

Actually, this is a good exercise for a student to do on their own, without the help of professionals.

Just think through all the areas in building a deck, or providing a service like this, where there would be liability. Then, think of all the things that you are responsible for providing for the project, and what the client must provide - basically your scope of work. Tell them when you expect to get paid, how you expect to be paid, and when you will get started/completed. Don't make any guarantees that you don't have to, and make sure it makes sense to you.

Good luck

I think advice from a pro is a good idea, though. There's a line from a movie that goes something like, "There are 50 ways to **** things up. If you can think of 25 of them beforehand you're a genius."

[El Jefe]

Originally Posted by Stewie

I think advice from a pro is a good idea, though. There's a line from a movie that goes something like, "There are 50 ways to **** things up. If you can think of 25 of them beforehand you're a genius."

I figured the same thing, I'm not trying to short hand this project, I was just trying to get an idea from someone who knows firsthand. Our Prof said we could use those in the business to solicit ideas and information from.