Signing a Contract

Renovators Place Columnist
Oct 08, 2009

The Renovators’ Place

Just sign here, the contractor says. It spells out everything we’ve just talked about.

 

Sounds tempting, doesn’t it. After weeks of interviewing contractors, debating where to put that room addition and itemizing the costs, the last thing you want to do is read the fine print in a contract. What can go wrong, anyway?

 

Plenty, according to attorneys and consumers who are familiar with the remodeling process.

 

“If the remodeling project is of a significant amount of money to you, it’s worth your while to have an attorney check it out,” said Linda Klein, a partner in the law firm of Gambrell & Stolz in Atlanta. “If you wind up in a dispute with a contractor it will be a lot more expensive to resolve it later.”

 

Whether you plan to ask an attorney to review a contractor or weed through the legal jargon yourself, there are some general guidelines to consider.

 

Each contract should contain identifying information about:

 

  • you
  • your house
  • the contractor and
  • the work to be performed.

 

The contract should spell out every step of the project, including who is responsible for getting any necessary permits and hiring subcontractors, and what types of materials will be used. 

 

What Materials Will be Used?

You want to make sure all materials the contractor uses are new materials and of good quality. Also, specify the type of material and the brand name. You may think you’re getting a wood window, but the estimate is for a vinyl window.

 

The contract also should include:

  • a list of items that are not covered by the contract, such as painting and the purchase of light fixtures and appliances. This will eliminate any confusion during the project or when you are reviewing the final bill.
  • the cost for services and materials
  • a payment schedule

 

Be wary of contractors who ask you to pay a large percentage of the total cost before any work begins. “Don’t put a lot of money up front,” Klein said. “I try to start with nothing down. A solvent contractor should have some credit. When somebody needs money to buy basic supplies that should be a sign that they’re not solvent.”

 

Many contractors, though, require a deposit. A typical project would require a 10 percent down payment, plus the cost of any custom materials.

 

The contract also should state that the contractor will clean the area each day and describe the level of cleaning necessary. If you have small children or pets and are concerned with debris or sharp tools being left exposed at the end of each day, talk to the contractor and determine a reasonable solution.

 

The contractor also should provide you with proof of liability and workers’ compensation insurance. This  protects you if something breaks or a worker is injured on your property. Note the coverage in any contract you sign. You shouldn’t have to expose your own insurance policy to claims brought on by remodeling.

 

If one of the workers gets hurt on the job and the company doesn’t have insurance, the company may go bankrupt and that worker could look to you for payment under your home owner’s insurance policy.

 

Don’t Rush Into Signing

As there are many details to include in a contract, allow yourself plenty of time to review it. “You should never be pressured to sign a contract,” Klein said. “If the contractor says you have to sign today or the deal is gone, let the deal go.”

 

The only thing worse than signing the wrong contract is not signing one at all. “Your relationship with a contractor should be in writing and it should also say the contract can’t be modified except in writing,” Klein said. “If there’s a cost overrun it should be in writing. Contractor’s don’t like that, but it’s the only way to protect yourself.”

 

After all, this is a big investment. Isn’t it worth your time to make sure all the details are in writing? It might not be that the contractor is intentionally manipulating anything, but maybe he didn’t mention it and you didn’t ask.

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