Owner specifications
should be part of every contract before you sign
specifications should include
all supplies that will be used and what services
will be rendered
Specifications should
list the brand, make, model, number, style, type,
color
and any other descriptions, plus whether the
materials used in construction will be new or used
ensure that the specifications are
exact in detail to protect you from inferior use
of products and to compare "apples-to-apples"
specs with several lenders
Labor and
sub-contract specifications should be part of every
contract before you sign
labor and service specifications
are generally referred to as general conditions
or terms of conditions
Specifications should
list clean-up clauses, date of commencement,
acquisition
requirements, trash removal, transportation of workers,
dump fees, etc.
you should specify whether alcoholic
beverages may be consumed on your property
get everything down
in writing; never accept a verbal agreement
Contract Negotiations:
Negotiating the Contract
The
contractor will supply a bid or estimate after looking
over the project
make sure the contractor
bids on the Contract Specifications to avoid misunderstandings
all bids should be in writing
all bids should specify
which materials will be used
Take
the time to review the bid or estimate
walk away from any pressure tactics to sign the
contract prematurely
be careful what you sign
signed bids may act as a contract agreement
Its best to receive
two or more bids to compare contractors
if each contractor received
the exact building specifications, you should be
able to compare bids apples-to-apples best
overall bids should be priced in the middle- to
high end
if the submitted bids
are over budget, work with the contractors on recommendations
where you can cut costs then resubmit the
reduced plan through the bid process
You
may sign the contractors contract or supply an owner's
contract
either way, have an attorney
look over the contract
The contract
will specify payment schedules that generally have
5-6 or more draws during the contract period
a draw will be made at
the end of a construction phase to pay for work
completed
about 5-7% of the initial
bid is enough money to begin the project
builders will then submit invoices for a draw
You
should maintain a minimum 10-20% retainer at the
final draw
this draw is released upon
final inspection of the construction
allow anywhere from 2-4
weeks on the retainer to confirm that everything
is in working order once the money leaves
your hands, you will find it difficult to get the
required attention
If a lender is doing
the financing, have the lender make payments directly
to the owner, not the contractor, or have the
payments issued in both names
this way you can check invoices and review work
orders to confirm that you are not being billed
twice or for items not part of the project
get in writing that the lender
must receive or satisfy all lien releases from
suppliers and subcontractors before issuing any
payment and that a copy be supplied to you
lenders will often inspect
the premise prior to release of a funds they
do not inspect for quality
you may want to hire your own inspector to check
the quality of work before signing any phase completion
form
upon final payment,
make sure you have all final releases of the lien
and a copy of the final invoice showing that the
contract has been paid in full
lookup state, county and city governments for information
about contractor licensing: www.statelocalgov.net
Contract Negotiations:
Change Orders - Extra Clauses
You will most
likely want to change something or add an extra
during the construction period
a change may be better
materials, different colors or another texture
extras may include more space or a second closet
Make sure
that contract allows for change order / extra clauses
before you sign
if you make a change order,
get it down in writing
these changes become part of the original contract
that should be signed by the contractor and owner
before going into production
never accept a verbal agreement
to a change and never leave a voice mail,
email, or written note hoping the contractor will
add the request to the contract
Contract Negotiations:
Other Parts of the Contract
agree
to dates of acceptance
(the date when the
contract is signed),
date of
commencement
(the date when the work is to
begin),
and date of completion
(the date when work is to be completed)
discuss with the contractor
delay clauses this allow you to assess
a penalty if controlled delays push completion
date beyond the agreed to date.
note: if you insert a penalty clause, the contractor
may request a bonus for early completion. You
need to run the numbers to determine whether this
is beneficial to you.
make sure the architect,
contractor, owners and any designers to the contract
agree to the dates before the draftsman completes
your plans
you want to avoid any delays in your project
schedule it can cost you money
The
contract should include a list of subcontractors
plumbers, electrical, roofing, etc.
with all applicable business information
request their names, address, business licenses,
etc.
the contract should list
the name, address and phone number of all suppliers
you will most likely receive notices or lien
releases from these players. It would be nice to
have a file to track these players.
make sure the contract states
that you will be released from all liens upon
payment you will want to have a copy of
all releases for your files
Get performance statements
and unforeseeable work clauses
performance statements guarantee that the work
and supplies meet specification and building code
requirements
state in the contract
that the contractor is responsible for all required
building permits
insert liability and warranty clauses
that protect you in the event of damages, injuries,
etc.
have your attorney review
You may request a
purchase allowance, which allows you to shop for
materials of your choice
the difference in the purchase price as stated
in the contract is refunded to the contractor
or owner, depending on the price you pay
Insert a cleanup
clause and work schedule of when the work should
be performed
make it a habit drop by to see that the contractor
adheres to the agreed schedule
Lookup
state, county and city governments for information
about contractor licensing: www.statelocalgov.net
Contract Negotiations:
Understand Liens
A construction
lien allows any contractor, sub-contractor or supplier
that has not been paid to place a lien on your property
as security for payment
a lien against your property
will inhibit you from selling or obtaining financing,
in some cases, until that lien is paid
the most common liens
occur when the subcontractor fails to pay his
suppliers, even though the full invoice has been
paid by the owner to the subcontractor
the suppliers can then place a lien on your property
for payment
the general rule is
to never make a payment without receiving a release
of lien from the contractor, sub-contractor and
supplier, and whomever else is involved
In
some states, it is required that the sub-contractor
and/or supplier notified you that they will be
performing some work and/or providing some supplies
if you state does not require it, request it in
the contract.
save these notices as a reference file for tracking
who may have a lien on you until final payment
it is recommended that
the contract has a provision that the contractor
is responsible for obtaining all liens