NOTE-- We
retired MacNail Spec Writer and the rest of the MacNail construction
software, back in 2000. It has been replaced with Goldenseal, a complete
software package for Macintosh and Windows that handles contract
writing, plus accounting, construction
estimating, and project
management,
Construction Contract Clauses to Avoid
Some phrases should never be used in your contracts. If
they appear in contracts produced by others, consider attaching an addendum to the contract (or to
your proposal) clarifying them.
Some phrases to avoid:
*
Match existing materials-- this phrase should be used only if
you specialize in historic reproductions, and charge
accordingly. For normal construction, it's much safer to use something
like "match as
closely as reasonably possible
using commercially available materials:.
*
leak-proof basement-- this and similar phrases such as "heat
system capable of maintaining a 72° temperature"
or "squeak-free flooring" all promise performance that
may be impossible to attain in all cases. It's much safer
to specify materials and installation methods, over
which you have full control.
*
in a workmanlike manner-- this and similar phrases such as "first-class
materials and workmanship" may create a legally enforceable
express warranty that goes far beyond what you really want to promise.
*
Contractor represents that he has visited the job site and familiarized
himself with local conditions-- this and
similar 'site investigation' clauses restrict your ability to charge for additional costs due to unanticipated
problems. If the contract includes such a phrase, be extremely careful in your site investigation, and make sure there
is specific mention of remedies for any possible hidden conditions (deficient framing, deficient wiring or plumbing,
subsurface rock, moisture problems, etc). |
