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help with writting a legal contract

stealman's picture

help with writting a legal contract (post #185696)

stealman on Thu, 03/04/2010 - 17:52
in

I am a general contractor and have never writen contracts that included everything that the California Contractors board says I need to have a legal contract. Can some one help me with what needs to be included or where I can find a good template to follow for general contracting?

-A +A

It's difficult or impossible (post #185696, reply #1 of 9)

by davidmeiland in reply to stealman [original] on Thu, 03/04/2010 - 19:18

It's difficult or impossible to get an off-the-shelf contract that will be right for what you are doing. If there's a local or regional homebuilder's assocation you might be able to join and have access to contracts they have written. You might want to join AGC. You could buy the Journal of Light Construction's legal guide and adapt one of theirs. Whatever you do, I think it's wise to hire a lawyer to do the final tweaks. Just writing it yourself is asking for trouble.

Thanks for the advice. I'm in (post #185696, reply #2 of 9)

by stealman in reply to davidmeiland [original] on Fri, 03/05/2010 - 09:17

Thanks for the advice. I'm in California and I cant believe how long these contracts are. It is ridiculous to have a 20 page contract full of legal wording that nobody can understand. The client needs a layer to look it over before they will feel comfortable signing.

Hi stealman, The one I use (post #185696, reply #3 of 9)

by Oak River Mike in reply to stealman [original] on Thu, 03/11/2010 - 09:05

Hi stealman,

The one I use is 16 pages long and while that may seem alot for a client to look through, keep in mind it is made to protect you as well.

Mike

Why don't you just read from (post #185696, reply #4 of 9)

by mordecai in reply to stealman [original] on Sun, 04/11/2010 - 06:21

Why don't you just read from the statutory law what is required? The only way the licensing board knows what is required is because it is written into law. The contractor licensing laws come under "business and professions". Why is it that you do not look in the most obvious place? 

mordecai.. (post #185696, reply #5 of 9)

by MikeSmith in reply to mordecai [original] on Sun, 04/11/2010 - 17:56

i agree... i'd start with a printout of the law..

i'd   look at  jlc's legal kit

i'd ask my  builder's association for their templates

then i would modify all the above to my needs..

i'd probably wind up with a  5 - 6 page standard

and attachments would  include  specifications, allowance schedule, and payment schedule

Mike Smith Rhode Island : Design / Build / Repair / Restore

              www.mfsmithbuilder.com

This is California, 5-6 pages LOL, no way (post #185696, reply #7 of 9)

by bigdog in reply to MikeSmith [original] on Fri, 04/23/2010 - 14:43

Just the California State required statement regarding "Down Payments", in the "at least 12-point boldface type" per the law is seven and one half pages long.....

Ha Ha hahahhahhaa 5-6 pages you are cracking me up.....

I wish it was like that.

Contract Law in California (post #185696, reply #6 of 9)

by bigdog in reply to stealman [original] on Fri, 04/23/2010 - 14:23

The following books are helpful :

THE OFFICIAL LAW - "California Contractors License Law & Refernce Book" 2010, LexisNexis pub. (Chapter 6, Managing a Business is a MUST READ), the rest of the book is about all the trouble you be in if you don't follow the rules etc. and how much you will be fined etc.  I think you can read on line through www.lexisnexis.com web site....but a hard copy is nice to refer to when needed.  It's $19 and well worth it.  It comes with a CD so you can down load info in Word or any other format to construct your contract with the exact approved (CA) legal wording.  Chapter 5 regarding Home Improvement Contracts is also helpful. 

Other good ones are :

"The Contractors Legal Kit", Ransone, JLC pub.

"Construction Business Management", Ganaway, Reed Construction Data pub.

"Smart Business for Contractors", Kramon, Taunton pub.

  • BEST FOR LAST :

RUNNING A SUCCESSFUL CONSTRUCTION COMPANY, Gerstel, Taunton pub. (Chapter 6, Construction Contracts is a Must Read. 

I can't say enough how great that chapter is......

  • Also, at the "Office Depot" I think they have California Compliant (correct fonts, and sizes, all that sttufff) package in a computer program that you then fine tune with your specific requirements and needs.  Still have a Lawyer review.

Good luck.

Here's an example of the (post #185696, reply #8 of 9)

by Amish Electrician in reply to stealman [original] on Sat, 04/24/2010 - 12:49

Here's an example of the benefits of belonging to a contractor's group, such as ABC or AGC.

Look at it this way ..... when you learned to build, you first learned from those who had already built things. Trade organizations allow you to learn 'legal' from those who have already mastered that part of the trade.

Otherwise, there's always the local attorney, who focuses on contracting law. Just as you'd bring in an electrician or a bookeeper when you needed one, writing contracts is what an attorney does for a living.

After all, would you want to entrust your fortune to an amateur?

stealman I have no (post #185696, reply #9 of 9)

by cargin in reply to stealman [original] on Sun, 04/25/2010 - 11:54

stealman

I have no experience with this product but you could look here.

It is supposed to be specific to each state.

http://www.constructioncontractwriter.com/demo.php

Rich