Contractor's Legal Kit

The Contractor's Legal Kit offers builders and remodelers a systematic approach to running a more successful and profitable construction company.

Stop "eating" the costs of bad designs, hidden conditions, and job surprises. Set ground rules that assign those costs to the rightful party ahead of time. And it’s all in plain English, not "legalese."

From your first meeting with the client to collecting the last check, this guide' helps you establish the ground rules that govern your legal and business relationship with the owner. It shows you, step by step, how to use written documents to avoid most construction disputes and to successfully resolve those that are unavoidable.

For less than the cost of an hour with a lawyer you’ll learn the exclusions to put in your agreements, why your insurance company may pay for your legal defense, how to avoid liability for injuries to your sub and his employees or damages they cause, how to collect on lawsuits you win, and much more.

It also includes a FREE CD-ROM with contracts and forms you can customize for your own use. (Requires a PC or Mac computer running Microsoft Word in order to read the forms on the CD-ROM)

You'll find in-depth coverage of:

• Fixed-Price Contracts
• Cost-Plus Contracts
• Change Orders
• Subcontracts
• Arbitration and Mediation
• Settling Lawsuits
• Liens and Lien Releases
• Design-Build Agreements
• Payment Schedules & Invoices
• Express and Implied Warranties
• Customer Relations
• And Much More

CONTENTS:

Introduction

Chapter 1
Fixed Price Agreements, 5

1.1: Short-Form Fixed Price Agreement, 10

Short-Form Fixed Price Agreement (annotated), 16

1.2: Medium-Form Fixed Price Agreement, 29

Medium-Form Fixed Price Agreement (annotated), 36

1.3: Long-Form Fixed Price Agreement, 54

Long-Form Fixed Price Agreement (annotated), 64

1.4: Addendum for Matching Existing Finishes, 86

1.5: Rights of Rescission and Cancellation, 90

Chapter 2
Cost-Plus and Labor-Only Agreements, 93

2.1: Cost-Plus-Fixed-Fee Agreement, 96

Cost-Plus-Fixed-Fee Agreement (annotated), 106

2.2: Cost-Plus-Percentage-Fee Agreement, 120

2.3: Labor-Only Agreement, 121

Labor-Only Agreement (annotated), 130

Chapter 3
Design-Build Agreements, 143

3.1: Design-Build Preconstruction Services Agreement, 149

Design-Build Preconstruction Services Agreement (annotated), 154

3.2: Design-Build Agreement, 161

Design-Build Agreement (annotated), 173

Chapter 4
Change Orders, 191

4.1: Change Order Contingency Fund, 194

4.2: Change Order Form and Accounting Summary, 196

Change Order Form and Accounting Summary (annotated), 198

Chapter 5
Construction Subcontracts, 201

5.1: Short-Form Subcontract Agreement, 204

Short-Form Subcontract Agreement (annotated), 209

5.2: Long-Form Subcontract Agreement, 221

Long-Form Subcontract Agreement (annotated), 228

5.3: Subcontractor Information Form, 239

Chapter 6
Invoicing For Your Work, 243

6.1: Long-From Construction Invoice, 245

Long-Form Construction Invoice (annotated), 249

6.2: Short-Form Construction Invoice, 252

Short-Form Construction Invoice (annotated), 254

Chapter 7
Customer Relations and Marketing, 257

7.1: The Bidding Phase, 259

7.2: Contract Presentation, 260

7.3: The Peconstruction Conference From, 264

7.4: Ups and Downs of Remodeling, 268

7.5: The Contract Administration Phase, 271

7.6: The Warranty Phase, 273

Chapter 8
Estimate and Bid Preparation, 275

8.1: Subcontractor and Supplier Bidding Checklist, 277

8.2: Estimating Worksheet, 286

8.3: Preliminary Cost Estimate, 294

Preliminary Cost Estimate (annotated), 297

Chapter 9
Mechanic’s Liens, 299

Chapter 10
Warranties, 309

Chapter 11
Dispute Resolution, 315

Chapter 12
Safety Concerns, 329

Appendices

Glossary, 332

Index, 337

Software Instructions, 342

ABOUT THE AUTHOR:

Gary Ransone is a practicing construction attorney, licensed general contractor, and certified construction arbitrator. He started in the construction field over 17 years ago, and now works closely with many custom building and remodeling companies as an attorney, consultant, and contract administrator.

352 pages
8-1/2 x 11in.