Design Contracts

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Use a Contract, Not a Proposal

Many contractor documents contain language indicating that the job being presented to the consumer --and its pricing -- is just an "estimate" or a "proposal." These agreements usually go on to state that if the consumer signs the agreement, it is up to the contractor to "accept" the proposal, usually within 30 days, at which time the parties will be in a binding contract. More

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Commercial Counsel

After a quick glance at the high-rise office buildings and road projects, the prevailing wage and bonding requirements, the copious codes, and the penalty clauses common to commercial building, the prospect of applying anything useful from the non-residential sector to a residential remodeling business seems remote. More

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Cost Controls

The answer to this question for me is twofold: material volatility and labor/subcontractor volatility. When the price of lumber, drywall, concrete, or any other building product is fluctuating, I reduce the amount of time the contract is good for to limit my exposure and also include a material-escalation clause to protect me against major price changes and shortages caused by factors beyond my control ó such as a hurricane or the like. More

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Killer Contracts

Sales contracts get no respect. They're signed every day. Sometimes with changes scribbled in that could cause trouble. Sometimes with prices that are flat out wrong. And sometimes with boilerplate language that doesn't say what you think it says. More

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By Law: Use a Contract Not a Proposal

Many contractor documents contain language indicating that the job being presented to the consumer ó and its pricing ó is only an “estimate” or a “proposal.” These agreements usually go on to state that if the consumer signs the agreement, it is up to the contractor to “accept” the proposal, usually within 30 days, at which time the parties will be in a binding contract. More

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Opportunity for self-evaluation

All remodelers lose jobs from time to time. J. Francis Co., in Pittsburgh, uses... More

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Following the remodeling rules

Remodeling is by its very nature a contentious process. But there is no magic bullet to protect against run-ins with customers or, worse, with their lawyers. The best protection, many remodelers agree, is as simple as establishing the rules and then making sure everyone follows them. More

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Contract cancellation clauses

If you are demonstrating and executing contracts in the consumer's home, you have to make sure you do a number of things required by the Federal Trade Commission: More

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Good Things to Have in Your Contract

Contracts come in any number of shapes and forms, but there are a few essential items you should consider including in yours. These can go a long way toward stopping a problem before it starts and preventing small problems from becoming nightmares. More

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Dealing With Cancellations

The customer signed the contract and was approved for financing. But well after draw-down, he canceled because he'd found a better price elsewhere. Roeland Enterprises took him to court. The case dragged on for three years, but the Rockaway, N.J., replacement contractor finally won a judgment for $30,000. More

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