Deciphering a Few Contract Terms
Renovators Place Columnist
Oct 08, 2009
As you
try to decipher the contract for your new kitchen remodeling project, you come
across several terms that seem foreign. Here's how to decipher a few common
terms.
What's
a Lien?
A lien
is a legal claim that can be filed against your property by someone who has
provided work or materials.
The problem with liens are:
- they can be difficult to
remove, particularly if the person who filed it can not be located
- you won't know it's there
until someone does a title search on your property. Just what you want
when you're trying to refinance your mortgage or sell your house
Why Do
You Need a Lien Waiver?
Lien
waivers protect
you from liability for unpaid bills to subcontractors and suppliers. If you pay
a contractor for doing work on your house and he doesn't pay the electricians,
plumbers, and other subcontractors, they might look to you for payment. If you
don't have a lien waiver you could have a complicated court battle ahead.
The
contract should include a list of the subcontractors and suppliers who will be
providing the labor and supplies. Before making a final payment to the
contractor, check to make sure each subcontractor and supplier has signed a
lien waiver.
The
contractor also should sign a lien waiver for his portion of the work. It
should state that all subcontractors and suppliers have been paid. In essence,
they are all acknowledging that you have paid for their services.
What's
My Allowance?
Some
contractors add a dollar amount into the contract to cover the cost of various
products and finishes, such as lighting, carpeting, and faucets. You then have
an allowance to spend in each area. If you select products that cost
more than the allowance, you have to pay the difference.
Some
contractors will reduce the amount of their allowances to try to lower the
overall bid on the project, said John Sylvestre, owner of Sylvestre
Construction, Inc. in Minneapolis. Home owners who are selecting a contractor
based on a low bid may be surprised to find that the tile they want will cost
three times what the contractor included as an allowance.
This
provides home owners with unrealistic expectations about what the project will
cost and what level of quality they will get for that cost. “A contractor that
provides realistic allowances may not be as inexpensive as they want,” he said.
“They should ask what the allowance will really provide.”
Ask the
contractor:
- What store sells the type of
carpeting I want for the $20 a yard allowance listed in the contract?
- Do most of your customers
find the products they want without spending more than the allowance?
- Are your allowances realistic
given my taste and budget?
If the
contractor is using a general formula for the allowance, it may be too generic
to match your tastes. “A faucet for a kitchen sink can cost from $60 to $700,”
Sylvestre said. “Where do you want to be?”
Start Your Renovation Here!
- I am interested in:
- Do you own or rent your home?
