You should absolutely negotiate the contract. You are investing at least $100 psf and probably 9 months or longer for the build out so you want to be sure you are covered in case of over runs, delays (there are always delays) and anything else that comes up. My wife drafts contracts for commercial builds and they have all sorts of out clauses with the GC's and penalties if they are late. Not that her company does not still end up with buildings not opening in time for the marketing people though. Protect your invest from the start since you will not be able to renegoiate later. Once it's signed the contract will control everything. We are doing a cost + 10% contract with a minimum of $20K for the builder. My wife has picked almost every detail down to the wall colors for each room, the wall lights for the bathrooms, the light fixtures for each room and even the faucets. We are still going back and forth with the builder we like best regarding a budget/cost breakdown to submit to the bank. It's been a few days of back and forth. The builder put in $10K for the landscaping line item so my wife took that job out of the contract totally since we found a well known landscaper (works in our subdivision all the time) who can do the job for $5,000. The GC was not upset about losing the 10% on that line item (but my wife could care less if the GC was upset). We also got two bids for the HVAC work that are $3,000 less than what was in the GC estimate. My wife changed that line item amount to reflect the lower pricing. Just know that if you put $10,000 in landscaping in your budget (even for cost + contracts) your GC will pick a sub that will do the job for $10,000 and not $8,000. There is no incentive in a cost + contract to shop for the best price and many GC's use the same subs over and over. This can be a good thing if the subs are willing to work within a budget but not so good if the subs don't budge. My wife has been into construction for a while so she is of the opinion that a sub will work for the price in the budget (reasonable profit and overhead included) or they will not get the job at all. I'm hoping this GC does not walk over the negotiations. My wife plays hard ball. We have a set budget and if we go over it will not be for landscaping or HVAC work. We will control the draws and only submit after we recieve lien waivers for each part of the job and receipts (cost plus contract). As stated above, make sure you do not let the builder get ahead of you in payments i.e., 50% of work done but GC has 75% of money. This happens more than you can imagine and many people get taken for their money and the job is not complete. But they are left holding the bag to come up with the money to finish the house and to pay back the bank! My wife had to sue a bank over that - giving a GC money for work that was not done. The bank settled and the homeowner got back 100% of the money AND the interest on...

You need to watch for putting too much of the design in the actual contract. You'll be bound to that decision which could end up being a problem if you later change your mind. On the other hand, if you're exactly positive then it could be a good thing. I hired an architect first (or a KD could do the same) who specified high-level what was needed, for purposes of a quote. That included preliminary decisions around appliances, just for pricing purposes (they weren't what we picked in the end.) The estimate came in based on that document. I then attached my initial spec in as an Appendix, then had some wording talking about how to negotiate changes to the preliminary scope. To me things like where to put electrical wall switches, etc. shouldn't go in without some proviso saying you're free to make final determinations later. Do you want to be bound now to the decision you make in these cases before you start the work? It's important to work though changes in scope and impact on cost. Unless your design is really complete or unless you've done this before a few times, it's unlikely your final price will be what you're quoted now unless they come in with a fixed bid (which I'd argue isn't in your best interest unless you have no ability at all to go beyond your set price limit). If your planned interaction with the GC will be minimal (e.g. you won't be in the building or need to rely on specs to communicate decisions) then I'd put the specificity in specs and refer to the spec documents. Permitting, code compliance, etc. are all very good things to have in the contract -- for me they were drawn up in my architect (or KD) initial drawing / spec. Payment plan is also important (at what milestones do you release portions of payment). Also, I'd include the prime / sub contractor relationship (or say that all payments go only to the prime) and ensure that you'll have lien waivers to protect you in the future. This post was edited by calumin on Mon, Jun 24, 13 at 16:10

I love GW. I agree 100% with GreenDesigns and all of you who suggested that the range should go on the one wall without any openings and the refrigerator should go back on the wall where it was. In fact, the mental picture I had of the kitchen that way was so beautiful that I completely forgot how we ended up with the fridge in the middle of the other wall. So we tested it out and rolled the refrigerator around the room (it's nice to be able to do that since it's the only thing in there) and tried it out everywhere. And then I remembered how we ended up with it in the kitchen design no-no spot. It's a monster. It's a 31 cu. ft french door model that is basically 36"x36". On an unrelated note - it rolls around like a Cadillac - so easy to move! Here it is in it's proposed spot: Anyhow.... the little walls opposite from each other next to the doors to the living room and laundry room stick out not quite 35". The little wall on the other side by the dining room sticks out not quite 31". The doorways are tiny - the one on the south wall is only 30" wide. Putting the refrigerator on either end of the run that you all so wisely suggested just feels cramped both ways. On the dining room side the refrigerator door opens into the dining room opening which is where people always seem to congregate when we entertain. I was constantly having to open the refrigerator door in their face and say "Excuse me". On the other end of that run it makes the entry into the kitchen from the living room seem very cramped and makes for an odd view from the hall/living room. And we'd have the same problem of the refrigerator door swinging into the opening. I guess since that rubbed us the wrong way with the old layout we gravitated towards the polar opposite. I so badly wanted it to work that way you suggested, especially picturing the backsplash I want for the range, but the structure of this house (a very tiny 1950 tract home) is not cooperating. So I think we will have to break with design guidelines and stick that monster frig in the middle of the wall. Hopefully with the wall cabinets it won't look too strange in the middle of the counter run. I haven't given up on your suggestions completely. This is not our forever kitchen but it is our right-now kitchen so we have to go with what feels most comfortable even if it looks a little odd. If we ever have the opportunity to build a larger kitchen I am keeping GreenDesigns suggestion in my notes because I LOVE the idea of a range in the middle of a larger counter run and the refrigerator wall as more of a snack center with a smaller counter run to one side and the toaster oven right there. And I haven't abandoned the idea for this kitchen entirely yet either... Thank you so much! I have learned so much from this discussion. I'll definitely post pictures of whatever we decide to do and I'm sure this won't be my last question. Back I go to rolling the refrigerator around...

26. NOTICE OF CONSTRUCTION DEFECTS AND RIGHT TO REPAIR. Builder and Buyer agree to comply with X with regards to requirements of Notice and the Right to Cure before commencing any formal proceeding to resolve the dispute. Buyer acknowledges that a copy of the State of brochure of Notice and Right to Cure has been given to the Buyer at the date that this Contract is signed. Notwithstanding anything to the contrary in the Contract, Builder shall not be obligated to replace or repair any Defect, as defined below, or pay for the replacement or repair of the same if such Defect is caused, in whole or in part by: (i) Buyer’s improper or insufficient maintenance of the Building or improper or insufficient maintenance or operation of any of the Building’s systems; (ii) natural occurrences beyond Builder’s control; (iii) an act or omission of Buyer or any third parties not under Builder’s control, including, but not limited to, work performed by the Buyer or by Buyer’s subcontractors; or (iv) normal wear and tear and normal usage. In the event of an alleged construction or design defect arising out of or relating to the Contract, including, but not limited to, breach of warranty, incomplete work, or any other condition of the Building (the “Defect”), Buyer shall notify Builder through written notice of any such Defect, regardless of the cause or source, promptly upon Buyer’s discovery of the Defect. Buyer shall thereafter provide Builder with reasonable access during normal working hours to the Building for the purpose of investigating, testing and examining the Defect. If the Defect is covered by the Builder’s warranty then Builder shall be given reasonable access to the Building and a reasonable amount of time to, at Builder’s sole option, replace or repair the Defect. The replacement or repair of the Defect shall be Buyer’s sole and exclusive remedy for a Defect. Buyer waives any and all incidental and consequential damages arising out of or relating to a Defect. Any corrections or repairs undertaken by Builder shall be in compliance with the MBA Construction Industry Quality Standards. 27. DISPUTES AND RESOLUTIONS. The following provisions apply to any dispute between the parties arising out of or relating to this Contract, including, but not limited to: the meaning of this Contract; the enforceability of this Contract; the rights or obligations of any party under this Contract; claims against any officers, owners, shareholders, directors, employees, successors, members, or agents of Builder; the performance of any aspect of this Contract or the construction work, or any disagreements regarding charges for changes; and any other dispute arising from this Contract. A. Mediation If mediation is requested by the Buyer or Builder in writing, the mediation shall be conducted by the Mediation Service of the MBA (“MBA Mediation Service”). After the written request for mediation occurs, the other party must proceed to mediate the dispute(s) at the MBA according to its rules and procedures. The parties agree, in the event the dispute proceeds to mediation, that they will make a good faith effort to resolve their dispute(s) through the mediation process. The parties agree that they will abide by the MBA Mediation Service policies and procedures. Proceeding to mediation does not waive or affect the obligation of the parties to resolve their dispute(s) by arbitration in the event mediation is not successful. B. Arbitration. Any dispute which is either not referred to mediation or is not resolved through mediation (other than enforcement of any insured warranty plan), shall be resolved according to the policies and procedures of the MBA Dispute Resolution Service. If arbitration is undertaken to resolve a dispute (or disputes) under this agreement, the decision of the arbitrators shall be binding, final and may be enforced in accordance with the applicable provisions of Chapter 788 of the Statutes. The filing of a lien claim shall not be considered an election by the Contractor to waive its rights under this provision and the enforcement by the Contractor of - 7 - its lien rights is expressly exempted from the requirements of this provision. Any arbitration proceedings commenced pursuant to this provision shall be conducted in accordance with the rules adopted by the applicable arbitration body and the applicable provisions of law. If the parties are directed to arbitrate any dispute or disputes and a party refuses to submit a claim to arbitration, fails to abide by the rules adopted by the applicable arbitration body, or fails to abide by the decision of the arbitrators, the non-breaching party shall be entitled to recover all costs, including attorneys’ fees, incurred in seeking further action to enforce the terms of this Agreement and/or to compel arbitration. Contractor and Owner agree that, in the event the MBA is named as a party to any dispute relating to the Contractor and Owner challenging the MBA’s ability to administer the dispute resolution process, conduct arbitration or to enforce the decision, the MBA shall be awarded reasonable attorneys’ fees and other costs associated with such proceeding if the challenge fails. If the MBA Dispute Resolution Service is selected to administer the dispute(s) between the parties, the MBA Dispute Resolution Intake Committee shall have the sole authority to determine whether any or all of the claims submitted for resolution are suitable for arbitration; to direct whether the MBA Construction Arbitration Board or Joint Resolution Process Arbitration Panel is the appropriate panel to hear the arbitration; and/or to determine whether any or all of the claims are better suited for referral to Small Claims Court. The MBA Dispute Resolution Intake Committee shall also have the authority to decide jurisdictional matters including, but not limited to, jurisdictional considerations such as compliance with the notice provisions of the “Right to Cure” law