We created it together; most of the items were very obvious. I just didn't expect the punch list to come with it's own set of terms that seem in conflict with the original contract. They want us to sign it before they start any work. Do you typically sign a punch list?

We signed our punch list but it was just a list of things that needed doing and/or fixing. Nothing else. No paragraphs about payment, etc.

One of the elements of a legitimate contract is each party to the contract must agree to the terms of the contract. One party can propose changes to the contract, but without agreement by the other party(s) the original contract remains enforceable.

This is by no means legal advice, it is just what I can remember from my law class many moons ago and is meant for entertainment purposes only.

It is typically in new residential construction projects to have a couple of minor issues that can't be completed prior to move-in. A lighting fixture that was damaged and is on back order is one example. In that case, the original contract terms should enable the client to withhold some portion of the final payment pending completion of those items. If your contract doesn't have any such provision that's not your fault; it suggests an inexperienced contractor.

For a window and siding replacement project, I wouldn't expect to have any incomplete, damaged or defective items prior to completion unless there is a broken window sash that might take a couple of weeks to get a replacement.

I agree this is not a complete build so there should very punch list items so maybe share what they are with us to answer better. A punch list is the stuff not finished or needs repair after the job is “ finished” it can include all sorts of things like mentioned above or trim not finished .No a contract signed by both parties can’t be changed witout both parties agreeing.

Don't sign or pay until it's punched. No partial payments. Make them understand this.

"It no longer mentions inspection by the building inspector. If we sign this punch list does it negate our original contract payment terms?"

If the building inspector needs to return and reinspect something, the job is not completed and you wouldn't get a certificate of occupancy.

If you already received your final inspections and certificate of occupancy was issued, and punch list items are still remain incomplete...building department has nothing to do with it.

As the change to payment terms, it depends on the items that left to be completed and the amount that will be held back in most cases it's an agreement between both parties.

So if there is cracked window sash that cost $200 and it takes a few weeks to get and the outstanding balance is $2500 as an example, both parties could agree that $500 be held back until the sash is replaced.

Agreements like that are usually agreeable when you have a decent relationship with your customer and vise versa, but as you stated " We are hopefully wrapping up a very painful project" therefore one can assume that all the trust in your GC is out the window and I'm sure you have a good reason to keep everything back... So play it by ear and try to stay ahead.

Good luck.

I would personally create a new one that just has the punchlist items and a line that says to be completed in terms of the original contract. Do not sign the one you have. It will supersede your original contract.

I would talk to the GC and express the concerns, stating I will not sign any punchlist that changes the terms we agreed upon. You don't have to be mean about it, state it is not in your interest to amend the contract.

As far as payment terms: personally I am very flexible, I pay FAST for projects I hire out. Everyone knows that. This is how I compete with big builders. If someone works on my projects, and it is satisfactory they will get check or cash before they leave or next day. No waiting 60 days like some builders. [BUT I never pay a deposit. ]

" and project was inspected by building inspector. "

Tell your GC that you have no intention on abusing that provision. In my area inspector can be scheduled for next day. Or prescheduled ... I would do not withhold a draw just because a draw because of windows sash, or scratched cabinet drawer, missing firefoam on top plate penetration.. I will only withhold a draw: if footers are poured wrong, missing waterproofing before foundation was backfilled, roof sheathing installed vertically, the walls were improperly braced, truss brackets were not installed, missing support beams, flooring was not glued .. It has to be something major.

My understanding is that they have taken so long on the project that the date of last work and punch list items may go beyond the 90 days and therefor he loses the ability to put a lien on us. This is what he is telling us. Being told that "You need to sign this or I lose the ability to sue you should you not pay me." feels like a bully tactic and raises a red flag to me on how he is treating his sub-contractors and if he is planning on paying them. We have asked for lien waivers but are being told that he will deliver when he receives final payment. I am concerned that a sub-contractor could put a lien on us.

Tell him to hurry up and fix the outstanding items on the punch list, if he is worried about losing the ability to sue you. That is not your problem if he let this job to drag on and he plans to drag the completion of the-punch-list to stretch just as long.

As the sub-contractors lien goes... If you previous payments to your GC included and covered the work provided by the subcontractors and he didn't pay them, he is withholding that money from them and he must pay them.

If he uses that money to pay his own bills or takes a vacation per se... the moneys are called "trust funds" and the GC can be held liable for violating the trust fund law.

Because the minute you give your GC the money, they are no longer yours and he is responsible to pay everyone he hired according to his contract with them.

Your agreement is with him. Read your contract, the section that specifies progress payments. It usually shows the breakdown which payment covers what job. So typical payment break down usually goes something like this:

• Down payment @ signing contract
• 1st payment @ starting the job, demo, etc
• 2nd payment rough work and rough inspections, i.e electrical, plumbing etc
• 3d payment finises and final electrical, plumbing, etc. inspections
• Balance after the job completion, homeowner inspection which usually includes minor punch list items, etc and that payment is made completion completion.