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Construction Law

Just like a nail gun automates nailing, implementing the use of legal forms and contracts in your business will automate your business paperwork. Your time will be the biggest saving of all. But you'll save big money, too. The overall cost of duplicating forms yourself is absolutely peanuts compared to getting your local attorney to draft a contract on your behalf.

You will have at your disposal the most professional, easiest to use, most complete set of accounting, estimating, contracting and field reporting construction forms, and contracts available to you. What's more, you'll be able to use each separate form over and over again.

Why use legal contracts?

You'll probably agree that most construction tradesmen learn by watching others. For example, apprentice carpenters learn to set a nail before driving it. But unfortunately for many, it takes a good hard whack on the thumb to really bring the lesson home. Painful mistakes and errors can be the best teacher of all! It's the same way with agreements. The most painful lessons are oftentimes one of the best teachers. For instance, verbal change orders "Do it now at any cost at all" often has a way of becoming "I didn't authorize you to make that change". What's the lesson here? By having a change order form readily available can save you many thousands of dollars in time and money.

There are many reasons to use construction contracts. Firstly (1) a building contract will guarantee legal protection for your company. For example, collecting for additional work is in most cases a sore point with most construction contractors. Make it your company policy that no additional work is started without a signed change order form. "A signed work order form also leaves no room to wiggle out when it comes time to get paid". It's also a good idea to make a written purchase order part of your procurement process. Do that and it will eliminate bills which exceed the quoted cost? And (2) it will give your business (and, your company) a first-class professional image. And (3) a building contract, when used properly, creates order where there had been paper disarray. And finally (4) using a legal contract creates for you a paper trail showing what happened and precisely when.

Elements of a binding contract

When preparing a building contract you should ALWAYS pay close attention to the proper description and statement of the parties. In addition, the "name(s)" of the person(s) or business entities, and/or in some instances "both" which are going to be part of the agreement. This may seem like general information but it's really important that you get the proper description (and statement) of the parties perfectly correct the first time.

Consider this: you may not in (everyday speech) address somebody quite so formally in conversation or say in a business letter for example. This is the case when it's someone you know really well. However, you should still insert in the contract their "complete name" instead of just a "shortened version." For instance, type and/or write "Dr. William J. Smith" instead of saying "Bill Smith." In the unlikely event your business winds-up in a legal dispute, having the correct (and, full) name of the parties in the contract is absolutely crucial! Another important reason for having contracts include the right and complete usage of "names" is that it clearly outlines the "parties to the contract" and the terms and conditions of the contract.

The right usage of names

By taking time to establish that ALL information (and pertinent) details are correct you will have "peace-of-mind" because there can be NO question about the parties' intentions later. This is especially so whenever particulars have been changed and/or forgotten. Important: Don't hesitate to correctly identify both parties by the location of their (current) residence. For example: In a contract clearly state the party as "Dr. William J. Smith" with the "current residential address" of "505 Gaming Street, Los Vegas Nevada" It's vital (especially in a court of law!) that you insert the "full and proper names" of the parties to the contract. Where you're doing business with a company (that's registered and state incorporated) make sure that you ask for an "original copy" of the articles of incorporation to verify that you have the name(s) correctly. Why? Because there are literally millions of registered corporations (and, businesses) in the United States, and it's possible to insert the wrong name due to of subtle "differences" in names which are very similar.

The Complete Set of Building and Construction Forms and Contracts

We've reviewed many of the so-called "standard" building contracts that are so one-sided in legal wording--no builder could make even a dime. Really, there's no valid reason whatsoever that every single dispute has to be resolved in favor of a home owner.

Don't get involved into signing "standard" contracts like that. It's wise to always provide your own building contract. You should have little effort and trouble redesigning any of the forms in the Complete Set of Construction Contract Documents For Contractors professionally-formatted in Microsoft® Word.

You can import your company's logo in a form thereby creating you very own instant stationery. This allows you the means to print small quantities when only small quantities are needed. The savings in printing will be substantial.

If or when your address and/or phone number changes, you can simply modify one of the stored construction contract documents in less than a minute or two. The construction forms are "general" in place of specific, meaning they do not refer to any local state or country law, but refer to what "type" of law. Your best source of legal advice will always be a lawyer familiar with the law in the state where you do business. In most cases, they require only minimal customization.

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