Replies

1. 
   bobl | Jun 20, 2007 04:52pm | #1

   what do you mean by "estimate" and "quote"?
   IIRC in my state (MA) these are an offer to do a job for a price, usually a fixed price.
   it sounds like you are trying to do work on a T&M or Cost plus basis.

    

   bobl          Volo, non valeo

   Baloney detecter    WFR

   "But when you're a kibbutzer and have no responsibility to decide the facts and apply the law, you can reach any conclusion you want because it doesn't matter." SHG

1. 
   HankF | Jun 20, 2007 05:17pm | #2

   I am a outside sales guy at a homecenter in NH. We are not using any disclaimers for our take offs. I just want to cover my backside.

1. 
   davidmeiland | Jun 20, 2007 05:47pm | #3

   That's what lawyers are for. Relying on something free from the internet for that purpose would be silly.

1. 
   HankF | Jun 20, 2007 05:51pm | #4

   I want to use as a template and include it in all take offs. I don't see how that is silly? As for the lawyers..... the less time with them the better.

1. 
   davidmeiland | Jun 20, 2007 05:56pm | #5

   Why rely on something like disclaimer language for legal protection when it may not give you any??

2. 
   john7g | Jun 20, 2007 05:57pm | #6

   Seems like the company/corporate policy of the home center you work for should make the decision for you.  You don't want to go out on your own limb so they can saw it off for you due to a possible policy violation on your part by using the self made disclaimer. 

3. 
   HankF | Jun 20, 2007 06:09pm | #8

   Both of you make a good point. Yes ,the HomeCenter's should have something as a policy, but as of now they don't. I was just looking for something to fill the gap now until when they do have one in place.

4. 
   bobl | Jun 20, 2007 06:00pm | #7

   since you work at a homecenter, what's the company policy? Your adding your own clauses to a company form won't likely cut it.the homecenter is on the hook for the takeoff, and IMO it won't matter between you and the homecenter if your takeoff has your personal escape clause, they'll still look at your getting the takeoffs wrong. the customer will look at the homecenter getting the takeoff wrong. 

   bobl          Volo, non valeo

   Baloney detecter    WFR

   "But when you're a kibbutzer and have no responsibility to decide the facts and apply the law, you can reach any conclusion you want because it doesn't matter." SHG

5. 
   smslaw | Jun 20, 2007 10:24pm | #9

   As for the lawyers..... the less time with them the better.

   On behalf of my profession, I thank you.  We make way more money in litigation after the client tries to be his own lawyer than we do giving the client some contract language that would have avoided the litigation in the first place. 

6. 
   HankF | Jun 20, 2007 11:01pm | #10

   I ment no offense, I have two lawyers in my family. I guess acting as armchair lawyers is the same as people being there own general contractors. Sure, there are some who did a great job, but for the most part it is doomed from the start.

   Edited 6/20/2007 4:02 pm ET by HankF

7. 
   smslaw | Jun 20, 2007 11:09pm | #11

   No offense taken, but seriously, every jurisdiction is potentially different, so get a lawyer to give you the necessary wording.  It shouldn't cost much at all. 

8. 
   billybatts | Jun 21, 2007 08:52am | #14

   I'm a lawyer too.

2. 
   HammerHarry | Jun 21, 2007 03:41am | #12

   Well, then what you want is some statement to the effect that your quotation includes the following ' 12 ft of grommet wacker, 36 cu yd wombat juice, etc etc'.  You just want to state what your quote includes, and don't make any statements that could possibly be construed to mean that you are including all of, say, the roofing materials required for a project.

   Specify quantities and quote that.

   If you really want to stretch it, you could say, "based on the project documents supplied, we believe the following are the quantities and materials required.  All specifications and quantities are subject to confirmation by contractor, and extended prices will be adjusted based on actual quantities required"

1. 
   brownbagg | Jun 21, 2007 04:02am | #13

   I could never figure out why a "yard" is even doing a take off. That the builder resposible. I think your only question should be, "How many 2x4 do you want?"

1. 
   HankF | Jun 21, 2007 01:18pm | #15

   I agree with you "brownbagg" The builder should do their own take offs. As my experience, most do not. How best to get to know a project by doing the take off. The contractors who drop off a set a plans and say "get me a quote on these", are the ones who think they will get the job and don't what to waste their time. If they know they have the job, they will give you a list to price. The Homeowner who wants to be his own G.C. is the worst. They will drop off a incomplete set of plans "evaluation copy". After you try to do your best, they tell you that they will buy the deck package from you, but the walls and sheathing from someone else. Also I could get the windows if you take off another $100 dollars. Little do they realize that we would deliver and they need to pick up the others.

2. 
   MisterT | Jun 22, 2007 09:14pm | #16

   How about:I may or may not know what I am doing.
   This estimate may or may not be accurate.
   All of the items needed to complete the job may or may not be listed.
   The final cost of the job may or may not be higher than you think.
   You may or may not be sorry you asked me to help
   .
   .
   ."First thing I would do is shoot the carpenter"

3. 
   HankF | Jun 22, 2007 10:27pm | #17

   .......................cute...........................