What should be included in contract for roofing/siding?
formosalily
16 years ago
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yadax3
16 years agoRelated Discussions
Please help..what should we expect in a cost plus contract?
Comments (18)helenill: May I play devil's advocate here for a moment? Keep in mind that I am totally on YOUR side, but maybe I can help you develop a strategy. You earlier posted this: "But I am still thinking that we need an accounting. I'm drafting an e-mail asking in a very polite way because we need to be able to show what we have in our house if we ever want to sell." Is that the rationale you're going to present to him for why you want an accounting now? Because it's not true and he will know it. The market and a willing buyer will establish the selling price of your home. How many houses are bought without the buyer knowing the price the owner paid for it? A LOT, especially if time has passed and especially if no realtor researches it for the buyer. You do not need an accounting to sell your house; that is NOT a believable rationale. Further, you have all the proof from your cancelled check records of what you paid for the house. Few buyers would ask to see how much you were charged for the nails, the paint, etc. Your GC knows that too. Again, it's a BAD rationale because you already have a summary record sufficient to prove to a future buyer how much you have in the house. Answer the question to yourself: why do YOU want an accounting? (Yes you may be "entitled" to one; yes, most GCs will provide one; that's not why you want one.) Now, separate that answer out and look at it critically. Is it a good rationale in your GCs eyes for giving you one? What you want to find is the rationale that he might be able to accept. And you might not be able to find a good one. You might end up saying just because we'd like to look at a breakdown of what everything cost. It would just be interesting to us to do that. (Do bear in mind that he might be feeling cautious about somehow indicting himself if he's done anything he shouldn't have.) Now, the other part of your strategy is timing. It is everything. Given that you two had words on Friday, an email he gets on this touchy subject of an accounting right now will NOT be well received. He will read into it vindictiveness or anger on your part. So, today/tomorrow is NOT a good time. What is? The point at which you owe him a lot of money. So much money that he won't want to walk away from it. That's the point at which you delay payment and tell him that, just like a bank, you want to get an accounting to date so you can "see where you are" before making any more payments. Be careful with this because absent any provision in your contract, you don't have a legal leg to stand on. And he knows that. But he might, out of some good will or whatever, be willing to cooperate. Myself, before I had any communication with him about this, or paid him anything more, I would talk with an attorney. I don't know what the laws are in your jurisdiction or how case law has been interpreted. Maybe there's a legal argument to be made that he has some obligation even outside of such a provision in your contract. I don't know and you don't know. But even aside from the law, simply as a personal business strategy, this is the point at which I always hire an attorney and tell her what I'm trying to accomplish and discuss strategies that might work, as well as find out exactly where I stand legally. Just to keep myself out of trouble. I've had attys sit down with me and compose an email for me to send and help me make it sound "civilian" rather than "attorney-like." In this case, an attorney can be a valuable consultant as a strategist, even aside from any strictly legal aspects. Holding the money, making a reasonable request (asking him to do you a favor, actually, if it's not provided for in your contract), being polite, controlling your anger, watching your timing. Hiring an attorney. That's about all the materials you have to work with in developing a strategy. But you need one. An email now from an angry customer is not likely to produce the results you want. If you're just angry, and that's your real answer to my earlier question, I'd just try to let it go....See MoreWhat to include in KD contract?
Comments (2)The thing that most people should include is the actual cost for the design work should you decide to not purchase cabinets from them and want to walk away. Are you paying by the hour for time, or are you paying a percentage of the cabinet purchase in lieu of that. That design work can be anywhere from $250 on the very low side to 10K or higher on the high side. If you find that your collaboration isn't working, you need to know what you owe, and what you own. Typically, for the $250 range, you're paying for their time only, and not the design documents. They will retain ownership of those. Of course, if they haven't produced anything that you like, then that's a bit of a moot point in owning any of the design drawings. You also need to include who is responsible for providing the site measurements, and the role of the installer in this. Typically, a KD may do an initial site measurement to get the ball rolling, but your installer will provide the final measurements after the construction is completed and the walls are up. And your installer should review the design drawings before the cabinets are ordered. Sometimes that is because the skill of the KD is greater than that of the installer, and sometimes, it's the other way around, and the KD can learn a thing or two from the installer. Either way, it's the partnership of the two that will create your kitchen. Sometimes the cabinet shop will have their own dedicated installers, and then it's their responsibility for the correct measurements. If you are having custom cabinets done, be sure that you incorporate an actual door sample and finish into the agreement as well as the construction drawings. You need to both view and sign those before things go into production. This can take a bit of time, so getting in a hurry won't be productive on your part. And that is another thing about setting the proper expectations on the front end as far as timing goes. If your chosen cabinet line has an 8 week lead time, and you are all over the map when it comes to design decisions, you're already too late to start this for a graduation party in May. You're about right for making a Labor Day party. Good work takes time. That means time for design work, construction, and all of the finishing touches. 3 months is about average for a kitchen remodel. Plus the lead time for the production of the cabinets. So, if your cabinet guy is 12 weeks out, you can bet that your remodel will take 6 months. The best thing you can do on the timing front is to make decisions. And then stick with those decisions rather than second guessing yourself. People who know what they want and just need a bit of help getting it are my favorite clients. You can nail everything down in a single meeting, and then a final meeting and then order. A week to 10 days between the initial and the close. Easy. When people start having decision paralysis because they can't narrow down their choices from the thousands available, that's when they need to lean heavily on their KD for assistance in narrowing things to 2-3 choices from which to pick....See MoreRoofing contract jargon ???
Comments (5)rbanks: What you are actually doing by lining through language is rejecting their contract offer and making a counter offer. If they then notice and accept the changes (by initialling them next to your initials) you have a binding contract incorporating the changes. If you have not brought the changes to their attention and they sign without noticing them (as evidenced by their initals), there is no written contract in effect! If the work goes forward, it is done under an oral contract and if there is a dispute a court will use the terms of the written contract as evidence of the party's intentions. You can bet that the court will favor the other party where it can reasonably do so in light of your trying to "sneak" the changes by them!...See MoreWhat color should I do for my siding and roof?
Comments (2)Your house looks good. Very nice landscaping, too. Lighting around house and on grounds would be nice enhancements, if you need to add there. If you would like to see how different colors, etc. could work on your house, I recommend this company. https://www.houzz.com/professionals/specialty-contractors/creative-visual-concepts-kevin-strader-pfvwus-pf~1325968788...See Moreformosalily
16 years agoyadax3
16 years agoformosalily
16 years agoron6519
16 years agoformosalily
16 years agoMongoCT
16 years agoformosalily
16 years agoJames Mann
4 years agomillworkman
4 years ago
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