The Construction Contract
Contractors often use a contract whose terms have been modified to the suite their needs.
General contractors commonly use the same contract for all their subcontractors, making them easier to manage.
You will do the same, if you’re contracting multiple trades.
Always consult with an attorney familiar with the laws in your state, to ensure that you are properly protected before signing any contract.
If you need a contract document, choose from any of these reputable sources below:
- American Institute of Architects (AIA) – www.AIA.org
- Craftsmen Book Company – www.construction‐contract.net
- LegalShield – www.legalshield.com
- LegalZoom – www.legalzoom.com
- RocketLawyer – www.rocketlawyer.com
- Socrates – www.socrates.com
The order of this list is purely alphabetical and not a statement of preference.
After getting a contract, check to make sure it covers you, and follow the provider’s instructions and complete the form.
[su_icon_text icon=”https://constructityourself.com/wp-content/uploads/2018/09/toolbox-image.jpg” icon_size=”70″]Use this Contract Checklist to help make sure whichever contract is used, it covers you.
[/su_icon_text]Complete the contract thoroughly, altering the contract as instructed. Make sure to consult an attorney before signing any contract.
Include all attachments and information intended to be a part of the contract including:
- the bid package
- any and all addenda
- the contractor’s bid
- any backup documentation
These are the contract documents. During construction phase, you will use all this information to enforce the contract.
Once the contract package is complete, forward it to the contractor for review. They may request changes for you to consider. You should consider those changes and incorporate them if you agree. If you are not sure whether you should agree, you’re encouraged to talk with your attorney.
After you and the contractor approve of the contract terms, issue the final contract for signature in triplicate (minimum)—one for you, one for the contractor, and one for your attorney and/or lender, if needed. Each party needs an original to ensure that the terms are consistent.
DO NOT SIGN THE CONTRACT YET!
Forward the contract documents to the contractor for them to sign first. This keeps you in control. If they sign the contract and send it back without the required documentation (i.e. insurance certificate), let them know and wait until they give you everything before signing.