Signing a Contract
Renovators Place Columnist
Oct 08, 2009
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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