It seems as though most contractors have some form of agreement they will execute with a potential client. Does it make a difference to you if the client supplies the contract as long as the terms are inline with what you’ve agreed upon?
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I prefer to use the contracts from AIA to protect both parties.
I second the AIA contracts they are designed to be used by all parties and are a truly unbiased contract.
The contractor is ultimately responsible for creating any legally binding agreements although you have the right to decide the type of contract for your development.
as a general contractor i supply a contract for all my projects . if the client has any relevant specs ,which is in addition to the original scope of work discussed prior to the contract , they are included in the contract .i write the contract , therefore i am the contractor .
I totally agree that as the contractors we should supply our contract under our own terms however I’ve had a few lawyers as clients who have opted to an addendum to my contract and that is totally acceptable to me so far as well.
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The Legal burden of providing the contract is on the contractor, it is his responsibility. However, the homeowner can amend it to his liking as well. It really doesn’t matter who writes it up as long as both agrees and it follows all state and local laws and codes.
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The contractor should have contract, if he don’t have it so it’s RED LIGHT. Under California law there is specifics that must be included in the home improvement contract so every contractor in California should have contract prepare base on the requirements.
There is also AIA Contracts that sometimes contractor use, they are much more details and usually protecting the scope of work more then anything else.
The contract should have
- scope of work
- start date/end date
- 3 days right to cancel
- arbitration
- terms and conditions
- mechanic lien information
- allowance section
- stage of payment
- extra descreption form
- at least 2 copies from each page