Here’s the deal ….went to sign a contract today …that’s right …sometime I write this stuff down ……and came up with one minor “objection” to overcome.
The customer had requested an advance copy of the contract to review …..which I hate to do …I like to be there to give the play by play ….but he asked and I faxed it off.
The only sticking point is my boilerplate …….as he says….since it’s my contract and I had them drawn up …..it’s slanted in my favor.
I won’t sign anything with a gauranteed completion date…ever …unless I’ve gotta plenty of time built in ….and this job won’t work that way.
The customer is well aware of that …and readily admits that he’s prone to changes and new ideas…..so far …a really “realistic” customer.
He just read thru the boilerplate and thought it could be read as ….I show up..start working…work for a week or so……then take the next year off and away from the project..and as the boiler plate is worded …..I could have all sorts reasons as to why….and he’d be stuck.
Not even a question of money …as the pay schedule ..which he actually said he LIKED! …..is a performance base schedule ….payment for task before task is started….and next task not started till payment is recieved…based on the substantial completion of the previous task.
He’s just asking for some loosely based “time is of the essence” clause.
Which I’m fine with ….as long as a specific finish date with penalities isn’t included.
Who has an idea of how to do this.
I’m to try and work up a paragraph to add to the boilerplate ….
at the same time …at my suggestion …he’s gonna call his lawyer to see if he’ll write up and agreement we’ll both copy and sign……
either way …he and I don’t care.
I want to give him something he’s comfy with …..
I got no problem saying I’m 99.99% sure we’ll be “complete” by T-Giving……
but I don’t want something that could backfire on me.
I understand it from his end too…..the original build on his home was a long drawn out affair …..I don’t think he’s looking for anything more than a more balanced playing field.
I told him this has never come up …and I’ve never read my boiler plate to mean that …as that thought has never crossed my mind ……but that I can appreciate his concern….I myself won’t sign anything I’m not in 100% agreement with ….just because the other guys says ….”trust me, it’ll be fine”.
I do plan on working this job as the primary job from now till T-Giving….pretty much either me or a sub will be there daily …..so I’m in no way opposed to something that would state that …..
Just can’t come up with a reasonable way of saying so…
Any suggestions?
Thanks,
Jeff
Buck Construction Pittsburgh,PA
Fine Carpentery…..While U Waite
Edited 8/20/2003 7:02:47 PM ET by Jeff J. Buck
Replies
Do not ever sign a contract with a "time is of the essence" phrase or clause.
This has been discussed before - so search for that one.
The phrase itself is incedible with out a penalty and value asigned to failure.
What you need is a way to assure the customer that you will not willy out on him. I do that with my reputation. If his is holding the cash out, that leverages him over you.
You can spell out the payment scedule linked to completion phases, which sounds like you have done already. That is normal and reasonable. A Tof E clause that does not specify a date is not reasonable. If this is a dining room re-do and they want it for the family reunion at Thanksgiving, that is a reasonable specified date, but you need to figure something for the extra pressure. I would have to adjust to cover the penalty. In other words, if the customer wanted to penalize me five bills a day for every day I was over, I would estimate the maximum number of days I might go over and add that amt to the contract price for the job. Then I get rewarded a bonus for the timely completion.
In the Thanksgiving example above, it wouldn't amtter to them if you were one day over or twenty days over, the feast would be ruined. They might specify the penalty to be that you had the meal for them at a swank room in a local restaurant, or that you forfeited the fianl payument, whatever size it was.
Then, you have to define completed too. Suppose that the room was complete except for the crown ( gheeze! How did that come to mind?) It would not materially affect their use of the room for the feast, if you were all cleaned up and painted otherwise, and maybe the crown was not up because it was a special order and some othe contractor had grabbed it by mistake at the yard and it was already nailed up tihght and stained over at the other guys house so you gotta wait for more to come in. There are things that are out of your control...A clause like that might need to be followed by another three pages of fine print...
I gotta rule.
For me anyway.
No time of the essense clauses
lawyer agrees
Excellence is its own reward!
You covered all the bases piffin, I'm here to agree. Jeff, most customers are wary of contractors that tear it out and then the job sits. They have heard the stories and maybe even had the pleasure of having it done to them. You have a reputation. Use it,.......... hold the clause. Remodeling Contractor just outside the Glass City.
Quittin' Time
What about this?
"The work shall be carried out in a continuous period of time, without an absence from site of the contractor or his representatives for a period longer than 3 consecutive days"
IanDG
aside from all the other info....
I'm thinking that suggestion may be just the ticket.
as far as I have the job worked out in my head......that's a pretty safe statement.
and I'm sure "time is of the essence" is the wrong term to use....just used it here for lack of better.
for what it's worth....the job is a basement conversion....no real inconvience aside from less to show off to the relatives.
JeffBuck Construction Pittsburgh,PA
Fine Carpentery.....While U Waite
I'am guessing that you have your Acts of God, now that written, you got any electricity?? Oh that's right , you got your 5000 watt Honda, I'd give you gasoline for it but we ain't got none, just kidding Jeff. Jim J, somewhere in Arizona.
What if there's a blizzard, a power outage, Jeff gets west nile virus, etc...
Just say no!Any jackass can kick down a barn, but it takes a carpenter to build one.
I think not specifying a reasonable completion date is unreasonable.
I'd be weary of someone who is weary or reasonable completion dates.
If you base your work schedule on 40 hr weeks you can easily compensate for delays by working ot or weekends. There is after all 168 hrs in a week.
Not comfortable with that, base it on a 32 hour week, etc.
I basically do a gant type chart with plenty of slop built in and at two weeks at the end for misc. on a typical 12 week remodel.
Then I give the customer a copy of the schedule, so I know I have to perform. If the unforeseens come up, explain how it affects the schedule. Extras, same deal.
In the contract, I specify a substantial completion date, but I might add a few more weeks. Then I have a clause for shortages of labor or materials, circumstances beyond my control, weather, etc.
Finish early, point out that you have, happy customer.
I get real leary of jobs that should finish around a holiday. Had one that started late because of the customers delays, and was originally scheduled to finish mid december. At contract signing, several weeks late, they asked if we would still be finished by christmas. I said it would be close, and then their kitchen installer took six weeks for a two week job, they didn't like a few things that they chose, etc. Bottom line is they ordered out for christmas, but they knew whose fault it was.
Come on Jeff, tight schedules are part of the "fun" of contracts.
Tom
Not too unusual, all they basically say is that you won't bump him to take another job, that you intend to finish the job with reasonable alacrity, and sometimes a requirement to communicate any unforeseen delays or the impact of an event within a reasonable period of time.
Phill Giles
The Unionville Woodwright
Unionville, Ontario
ok, Phill....
now I just need ya to word that into something I'll number clause no. 15 or 16....
I'd love something I can just add to the boiler plate and leave there.....another all purpose paragraph.
JeffBuck Construction Pittsburgh,PA
Fine Carpentery.....While U Waite
IMHO, you have an opportunity to get one written by a lawyer for free courtesy of your client: leverage that opportunity.
It would probably be more appropriate for Bob, as a US-trained attorney, to comment on this; but, there is some risk in taking boilerplates from different sources and stringing them together. Intents, definitions, parties, premises, dates, etc. can shift significantly from contract to contract.
.
Phill Giles
The Unionville Woodwright
Unionville, Ontario
First of all whatever you do come up with You really need to run it by you attorney to see if it flies both with your other preexisting agreement language and within the laws of your state and perhaps county.
That said I've actually dealt with several contracts over the years that had time is of the essence clauses in them because some of the projects we taken on from time to time are time sensitive. For instance the fabrication of trade show exhibits, the building of theatrical scenery, and themed restaurant openings. From discussions I have had with my attorney what I gleamed is that in situations where there is a "time is of the essence" clause and the project is NOT time sensitive they are hard or difficult to enforce.
In other words if there is a "time is of the essence" clause and you agree to have the clients living room addition done by the end of September and fail to meet that deadline the client didn't really suffer any damages since the still got their living room addition (albeit late) and they are getting value from using it.
However if you agree to produce a trade show exhibit for a client who needs it for a trade show the first of October and you miss the deadline then you are screwed and are going to be penalized because the client needed it Oct 1st and it does absolutely no good to them to have it Oct 2nd or later.
Where this sort of get gray to me is let's say that client who wanted the living room addition done by the end of September needs it so that they can use it as a wedding chapel on Oct 1st and you don't get it done. While they still will get the value of having the living room later on they have been done some damage since they needed it for a wedding so I'm not sure what would happen in that kind of circumstance. I'm am certainly not a lawyer.
Hmnnn, just went to my bookshelves and pulled Quenda Behler Story's Contractors Plain-English Legal Guide down to see what it had to say and I opened it up right to the page with Time Is of the Essence (I must have looked at this once before wouldn't you think?) Anyway in the first two paragraphs there it says:
I noted there she said "most states" so that's why I say you need to check this stuff out with your lawyer. Also I just all checked my JLC Plus subscription and she has an article with them on the same subject that uses case examples very similar to the one I used above.(Legal Column: Time Is of the Essence March 1996 costs $3.00 if your not already a JLC Plus subscriber).
Anyway in the world of typical residential work when you hear someone mention "time is of the essence" nine times out of ten they don't mean that the project is time sensitive and what they are really saying is that they don't want you to drag the project out. They really just want it done in a timely fashion. Another part of that generalized bad public image that contractors have in the eyes of the public is that we are slow and will drag things out.
I even think the licensing in my home county actually requires the contractor to give a completion date in the contract. I've always done that anyway but the real nuts and bolts of accurately predicting completion times gets tricky. (a lot of CPM and math with taking the sums of the standard deviations of the individual activities yadda yadda yadda...). BUT, Tommy B's idea of "base it [your schedule] on a 32 hour week" will give you close to a real mathematical representation of a target you should be able to manage to if you schedule sequentially (Critical Chain style) rather than to hard calendar dates (traditional project management style). I'm not at all a fan of where he says 'There is after all 168 hrs in a week." but I do get what he means by that although basing your thinking on that will surely lead to an early grave.
I might really be in agreement with him where he says: "I basically do a gant type chart with plenty of slop built in and at two weeks at the end for misc. on a typical 12 week remodel. " he is basically adopting a Critical Chain Project Management (CCPM) technique buffering the project rather than adding slack to the individual activities. But where he says " plenty of slop built in" if that means adding slack to individual activities that will only encourage delays in those individual activities via Parkinson Law and Student Syndrome.
Outside of giving a real reasonable schedule or project due date I think Ian's language of "The work shall be carried out in a continuous period of time, without an absence from site of the contractor or his representatives for a period longer than 3 consecutive days" is almost okay. What I mean by "almost" is when I read it the first thing I thought was "work for one day, take three days off, repeat." I think something still needs to be refined in it for it to work.
Like you Jeff I also really like Phill's statement and thought it would be good if it had a more contract agreement like sound to it. I think that really answers what I think most customers really want. The good news is what customers really want, for us NOT to multitask by sharing our efforts with another project, is also better for us in that it will dramatically improve our cash flow and overall productivity.
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In many States you can use an essence clause, even a completion date, but if the liquidated damages are not specifically laid out, it's un-enforceable. This maybe not the most ethical approach, but then again getting forced into this trap is not the most practical approach either.
Using the above, gives the owner some confidence, gets you the work, and in the end all will be happy. Not getting the work maybe in neither of your interests.
Jerrald and Russ...
thanks for telling me what I was thinking....
I had thought that as with most contracts/clauses.....no harm - no foul.
I'd talked with an attorney about this years ago ....was hoping I'd remembered that part right. Like ya said.....time is of the essence .....but with no damages to claim....that leaves nothing to pay out in the even things turned ugly.
I have things worked up and priced out at a full 12 weeks. That includes some buffer time for the usual remodeling hick-ups.
That's based on 5 day/40 hr weeks ...so like Tommy said .....also lotsa time to make up and not kill myself. I've talked with the customer ...he's not opposed to early or late start/stop times and working straight thru the weekends is fine by him.
Both the husband and wife are Dr's....he's an emergency room Doc ..and works the night/weekend shift ...so their house isn't run on a Mon to Fri schedule as most are.
The work area is also completely seperated from the rest of the home, and at my request we're gonna seal off all interior access and they're gonna have to walk around and go thru the side door to peek like the rest of us.
I have some good idea already.
I'll sit down later and see what pops up on the screen.
Jeff
Buck Construction Pittsburgh,PA
Fine Carpentery.....While U Waite
Well I'm not quite clear on exactly what you're telling us there.
If you have figured that you actually need to work 480 real actual hours (aka 60 man days) to accomplish the real work in this project. (40hrs x 5 days x 12 weeks) (aka 60 man days) you'll need to schedule it for a 75 business day window unless you plan to work overtime and weekends here and there to catch up when the schedule falls behind. If that twelve week schedule your proposing is is based on 384 estimated labor hours, then your okay but otherwise your talking about a "no float" schedule and it's a statistical impossibility to complete a "no float" schedule on time without having to crash it at some point. No matter what anyone tries to tell you about CPM and tasks along the critical path having no float it's wishfull thinking and a a myth to think that can be achieved. That's like saying I going to bat a 1.000 on all my individual task estimates. Unless your God no one is that good.
The most obvious problem a "no-float schedule" has to overcome is Murphy Law. Something somewhere will go wrong and you need buffer time to absorb that loss. Don't ever give a client a due date based on 100% perfection because its a dream and a myth.
Indeed Dean Foreman who wrote the book 28 Laws of Contracting says that that there is a pamphlet published for contractors in California that actually says to take the estimated labor hour time and double it to come up with a schedule. I think that's extreme and excessive but that is what a lot of contractors do in real life. (He also recommends a more aggressive schedule than that)
However if you practice Critical Chain Project Management (CCPM) type thinking and schedule your task sequentially ( like a relay race) rather than like a train schedule you can achieve a much better performance time but you still need to buffer it,... just not as much.
General rule of thumb (a gross generalization in fact but close enough for this discussion): line up all your tasks in a row and take the sum of their estimated labor hours and add 25% of that to the end of the whole project.as a buffer, schedule sequentially, and you should be okay. Or you can play it a little bit safer at 30% but both of those schedules are a better and a more reasonable deal for the client than that 100% padding that California pamphlet (and a lot of contractors I've heard from over the years) recommend.
But certainly don't plan your schedule with "zero float" or you making a promise you can't possibly keep and you'll just have a disappointed or angry client on you hands.
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I don't know all the peachy terms for what I do Jerrald, and I am pretty much self taught when it comes to a lot of this stuff.
Sure would be nice to throw out some of them ten dollar words though, when the customer brings up scheduling. Then again, I'm almost too polished as it is and need my folksy touch:)
Any how, I've lived the train wreck or freight train approach (as you called it) working for other people so I don't appreciate it myself too much.
I think from a customers perspective, they want to come home every evening and see some progress. Most don't know how much progress there seeing, but I shoot for a "oh wow!" pretty much daily. I don't think its good to have an invasive remodel sit idle even a day here and there.
On the other hand, on most remodels, and new homes for that matter, I think its best if one crew owns the site at a time wherever possible.
Its not that hard for me to look say four weeks out and update the schedule as necessary.
I like completion dates, and even difficult ones. I like anything that justifies premium pricing.Tom
Tom, I used to do 3x5 cards connected by string on homosote bulletin boards back in my college theatre production days and had some people tell what I was doing was Critical Path Method (CPM) and I used to answer them "say wha?"
A couple of years later as I started to get more into building and remodeling I went back to school and took a year of Construction Management with CPM to learn what it was all about.so it's been with me for a while now. The thing was the "cheating" I used to do to make the CPM schedules really work out (adding the buffer at the end of the project) I found out 15 years later was actually something real that came from the method called Critical Chain Project Management. Since learning about and studying Critical Chain I've discovered here and there when I see successfully managed projects (which is unfortunately sort of rare) those managers whether they know what is called or not are adopting and practicing bits and pieces of CCPM. I also learned recently that that 3x5 cards connected by string technique I used to use all those years ago is described in some project management texts as COTW (obviously Cards On The Wall)
"...on most remodels, and new homes for that matter, I think its best if one crew owns the site at a time wherever possible" Yeah but what do you do on large projects where that will only extend things out and what about when that's not even possible? That's where all the real nuts and bolts knowledge of CPM and CCPM can come in handy.
"Its not that hard for me to look say four weeks out and update the schedule as necessary." Just in case your interested and want the ten dollar word for it what your talking about that is an element of the Look Ahead Plan (LAP) part of what's called Last Planner™, which is in turn part of the lean construction school of thinking. (LeanConstruction.org ).
'I like completion dates, and even difficult ones." I do too
"I like anything that justifies premium pricing" and that's exactly why I do too. ...Although there is another benefit to really understanding good scheduling and project management techniques in that it can just plain old fit more revenue earning activities into the same window of time without raising overhead.
Good thinking Tom.
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The lean reference has me giggling a bit.
Alot of times prospective customers ask me how many employees we have.
At times I have replied something on the order of "counting myself?"...."one".
But I always mention that we are a lean company. I generally don't send any more labor than is necessary, relying on intelligence over the brute force of multiple guys. No need to rehash that as its been covered in previous posts.
A side benefit is that there is less blame to spread around when things go awry. People tend to learn quicker when they are solely responsible for their own production, efficiency and mistaks. You got a name for that?
I call it OMG. One man gang.
I appreciate your comments and information Jerrald. Keep it coming.
The LCI site seems like alot of jargon to sift through. I think they need some of their own snake oil.
Tom
I actually do Lean Consulting with a small aerospace job shop so getting called the "lean" consultant or "lean" expert always make me laugh since I'm a big huge hulking football player type guy. You look at me and "lean" is NOT the first word that comes to mind.
"The LCI site seems like a lot of jargon to sift through." Unfortunately that's very true. While lean itself is not altogether new, lean thinking in the construction industry is so unfortunately the material on it that does have a clinical or academic air to it but that'll change. In fact on that lean consulting gig, one of my clients clients who did know and understand lean (and in fact a lot lot more than I do) said one of the good things I did with it was to "colloquialize" the terms and language to make it more accessible, fun, and easier to understand for the people on the shop floor. That was a huge for me to hear that (especially since I didn't really know anything about what they were actually making; jet engine parts, afterburner assemblies to be precise)
One of the really great things about CCPM (which is not the same as Lean although they are compatible) which is also relatively new is that the book that started it all Critical Chain by Eliahau Goldratt was written in the form of a novel. Just the other day here talking with ElCid in project management software I mentioned it saying "it's written in the form of a novel. There is a crisis to overcome and the books hero learns about Critical Chain and applies it to the problems he and his students face so it reads a little bit like an adventure rather than a boring text. I often quote several other contractors I know who say Critical Chain is the very best book out there on Project Management."
It certainly isn't snake oil at all though. It may be a lot of words and thinking to learn but so is knowing carpentry too when it comes right down to it.
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I go onto alot of school project which must be completely finish by July 1 (school start aug 1) after contract is sign there is usually no change orders built as drawn. School board usually count heads daily. Rain is documented daily. schedule everything. we had 29 inch of rain sine may 1 and only lost 2 rain day. But after july 1 is $1000 a day, second week is $1500 a day, Third week is $2000 a day. so most of time week before deadline they working 24/7
as a client/owner you need a time clause. as a contractor you do not
It depends -- on some of the projects I managed, the penalty clause worked both ways -- completion ahead of time earned the penalty amount. We could only claim delays for "Unusual weather conditions" and you try claiming rain in England is unusual! -- mind you, we were seldom rained off in Riyadh
IanDG
Do the good Dr.'s give you a discount if they are running late when you go to your appointment with them? Or maybe a "time is of the essence" clause on getting well?
Seriously, IME doctors can be a pain to work for.Any jackass can kick down a barn, but it takes a carpenter to build one.
Here's what I came up with....
stole some of it almost word for word from U guys.....thanks....
posting so anyone that might see a need can steal if for their own use....maybe as a starting point ....
I just wrote it up as an amendment to the boilerplate on a seperate sheet of letterhead and signed his copy and had him initial mine. Not sure it's exactly "lawyer" quality but it's down on paper and we both acknowledged it.
I threw in some more stuff about us working on weekends.....and stated the standard work hrs again....figured that couldn't hurt.
Was good enough for him ....said that's exactly what he was hoping to have on record .....got the whole think signed and have the start check ready to deposit tomorrow morning ....then off to the permit office.
Thanks,
Jeff
here it is......
The purpose of this document is to assure the customer that the contracted basement conversion job is the primary job on our work calendar and is to be the main focus of our work between now and the final completion date.
We are scheduled to have a usable space for the Thanksgiving Holiday celebrations. If work is started immediately and all material and design selections are made promptly, I am confident in that goal. This is stated with the understanding that any additional work and/or change orders may extend the final completion date.
The work is to proceed in as timely a fashion as possible without compromise to the quality, fit and finish.
As scheduled, baring any circumstances beyond our control, the work shall be carried out in a continuous period of time, without the absence from site of the contractor or representatives for a period of longer than 3 consecutive working days.
Workdays are to start at aprox 8am and finish at aprox 4pm, Monday through Friday. At the customers approval, certain phases of construction could be extended into the evening and/or performed on Saturdays and/or Sundays to expedite the job progress.
We understand the customer wants to be assured the job will progress in a timely fashion as possible with as few delays as possible, without pushing for a rush job that sacrifices quality over speed.
Jeff J. Buck
_________________
8/27/2003
Buck Construction Pittsburgh,PA
Fine Carpentery.....While U Waite
Jeff, that looks real good. It doesn't promise anything except not more than three working days off, and then doesn't define what is not a working day. Are you sure one of your grandparents wasn't a lawyer?
SamT
Jeff, written friendly and honestly but I can still think of a couple of things but number one: what happens if you get the flu?
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I don't know Jerald. We are a hardy lot here in the the heartland.........Like I told the drywaller with the flu, you got an empty bucket, right? How many times have you worked with the brew flu, not much difference than the clinical variety.
If he's gonna work sat/sun to keep on schedule, he should be able to work thru some infirm moments of his life.Remodeling Contractor just outside the Glass City.
Quittin' Time
Cal-"If he's gonna work sat/sun to keep on schedule, he should be able to work thru some infirm moments of his life."
Cal you may be missing my point. Project heroism is not the same thing as good business practice. I'm a big hardy tough guy who's worked trough broken bones and the flu many times but four years ago I had a flu I couldn't work through and this past winter the flu I had turned in to pneumonia and for a month I could barely make it to the chair in front of my desk! You might just be kidding around or you may be missing my point.
Also Jeff hasn't told us yet he's charging a healthy premium for all the weekend work he planning to do but I think not to is throwing away money you really should be earning. And I don't mean just time and a half for those extra hours crashing the schedule. Time and a half is fine for OT here and there but successive weeks of +40 hours is premium service and should be charged for accordingly. Jeff is like ten years younger than I am if I recall correctly and I just guessing that if he is at all like I was when I was that age he may think well it alright because I enjoy doing this kind of work but believe me looking back now I could beat myself in the head with a hammer for giving myself away like that.
This client wants something special! They want it done by a real hard deadline. Charge for it!
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Gerald. I'm not missing your point. I think I understand. However we do not agree on business practices. What works for you might work for me. I probably won't ever find out. Over 30 years in the trades, no millionaire, never bankrupt. More than likely will work till they lower me into the hole. No contract other than a handshake. Only one to stiff me, another tradesman, a roofer. Never a customer. Never stiffed a supplier. No ads, no name on the truck nor in the front yard. Direct referral only. One rate, no OT nor premium. Let the homowner bonus me if they wish and am grateful. Only HIGH rate, holidays. I'm also a one man operation. This simple stupid way of doing things has kept me busy through downturns etc. I'm not bullheaded enough to not think I can learn something new. Around here I don't believe your methods would work to my satisfaction, nor do I think they would benefit me in the wallet long term. There you have it. My HO.Remodeling Contractor just outside the Glass City.
Quittin' Time
That's pretty close to the truth!
Ever notice you can stay reasonably healthy ....even the colds and flu are bearable....while a job is going on......but come end of the job .....that little sniffle becomes the worst sinus unfection you ever had the Sat morning after you finished up the punch list on Fri?
I think the body knows when the mind has relaxed a little.
I really don't think I've missed more than 2 days in a row when I've had a tight schedule to keep .....but let me finish one job and have a week "off" till the next one and I'm on the couch coughing out my lungs for 2 weeks straight!
In any case.....that'd fall under "beyond my control" or what ever I put in there..and this guy being a Doc will either have to understand or fix me up real quick!
He's an ER Doc ...should have access to all the quick working stuff.
Plus ...I'm planning on doing a test drive on this one with hiring a full time kid ....my old place of employ just laid off one of their best rookies .....I'm planning on snapping him up ..with the understanding that if this goes well .....we'll look to make things more permanant. So I could point and cough ....or phone in the instructions if need be. I can always get the old man outta retirement if need be too.
If U ever need a guy to yell at the subs and keep everyone in line......I got a great one I can send up!
Jeff
Buck Construction Pittsburgh,PA
Fine Carpentery.....While U Waite
One minor quibble; it looks like this was copy and paste from the Word document, so are spelling and grammar above are as they appear in the contract? If so, you say "...baring circumstances beyond our control..." You meant barring, not baring. :-P
I'd agree with Jerrald; you've left yourself an out, but I don't know if it's strong enough. Were it a contract I had to live up to, I think I'd have left somthing more flexible in its place. Maybe "...no absence longer than 3 consecutive work days, or other term agreed upon by contractor and homeowner in writing, in form of change order/addendum/whatever." If everything seems to be going well, you've obviously overlooked something.
so that's what those funny scribbly line that keep popping up mean!
No worries here...it's something I can live up to. The funny thing with the T-Giving deadline.....that's for the work as stated on the plans......both me and him know that's never gonna happen.....as he's already adding stuff!
I'll bet I'm going to be there well into the new year.
He just wanted to be assured I wasn't gonna take his money and never come back. Or make a big mess and come back 3 months later to clean it up.
adding the "the other term" deal can still be done....I get all changes from original contract signed off on anyways ...so I could always get the signed off on if I had to.
I like the idea of contract(usually) to help clear things up .....but I don;t like an overly complicated contract.
If someone wants to steal from ya or break a contract..they can. A signed piece of paper means nothing. It's all up to the judge to determine "intent" anyways..so why complicate the matter.
to me..the best contract is one that's signed then never mentioned again.
On this job..there'll be changes..tons of them...even though he's doing his best at making selections up front...I can just tell.
As long as he's ready and willing to pay for the changes....who cares?
Right after signing we walked out of his office and talked over his ideas for an entertainment "wall" .....then that got to talking about the wiring of the yet to be designed home theater down stairs.....
I'm gonna be there for ever....T-Giving he will have a nice space to entertain.....then I'll be back to do the rest.....
JeffBuck Construction Pittsburgh,PA
Fine Carpentery.....While U Waite
Question Jeff, if I read right , there is no Permit in hand, sooo, how long does it take, in your neck of the Woods, to get a Building Permit? Then, the second question, who is supplying/doing the actual Blueprints? Anywho, once again, good stuff on these Boards. Good Luck on Your Project. Jim J
blueprint was drawn up buy his architect ....has gone thru a coupla "official" revisions between those two .....last coupla at the request of me/my subs....
at this point ....the architects outta the picture and it's just me and him till the end. I'm sure if I needed anything more or he had any other major ideas he'd go back to the guy....but he just wanted to get the thing sketched out ....
This is basement conversion .....aprox 1600 ft sq .....pretty fancy for a bassement......but not to complicated. Nothing structural ....no footprint changes.
Permit should ...I'm hoping ...take just a coupla days. Small upscale community...they pay massive taxes and expect their local gov to earn it ..helps speed things up...plus it's not much for the guy to look at....and from what I know of the guy ....he's pretty nice.
I usually include the permit/fees/inspections ....in the bid....so no start check....no permit.
I'm off tomorrow morn to try and catch an inspector in his office.
Will start layout next Tues....hopefully have a truck load of materials and a permit stuck to the house by that Fri .....we'll see. Just remembered this weekend is a holiday weekend....I'm sure that'll "speed" things right along!
JeffBuck Construction Pittsburgh,PA
Fine Carpentery.....While U Waite
Mr. Buck,
my compliments for working to satisfy a customers concerns.bobl Volo Non Voleo
Sounds like a real sweet job. Here, it usually takes from two to three weeks-new construction, full blown remodels. What I enjoy about "our" Building Dept. is a person can actually talk with them, meet with them, they answer the phones, have common sense. Now our local electrical co., they make my blood pressure get out of wack, I know it's me, not the Elect. co. screwing with my harmony/balance in Life, but boy howdy, you talk of people dropping the ball, not to concerned with my project, or me. Anywho, Jeff, once again Best of Luck, don't forget to have some fun, Jim J