CALIFORNIA CONSTRUCTION CONTRACT Software

Every construction contract has a bias, favoring either the contractor or the owner. Before offering any contract for signature, you should understand the bias built into that document. If you use CA construction contract software to draft contracts, your program should:

Reveal the bias in each contract option, and Display accumulated contract bias for the entire document. California Construction Contract Writer does exactly that. Every time you answer an interview question with a bias icon, CCW recalculates and displays the accumulated contract bias. It's a capsule summary of whose interest is protected and to what degree.

Accumulated bias in the Contract Bias window is the mathematical average (mean) of all bias selections plus a score based on the ratio of bias selections favoring each party. That's because a contract with a preponderance of clauses favoring one party, even lightly, is more than lightly biased in favor of that party.

Some CCW options have a contract bias that is obvious. Indemnification is a good example. A contractor who guarantees to reimburse a property owner for any loss on the job is accepting more than usual risk. That's heavy bias. But bias for many CCW options depends on the circumstances. For example, a warranty against structural defects probably has minimal bias when the risk of collapse is very low, such as a well-engineered concrete foundation set on stable ground. But if job conditions suggest higher risk of structural failure, the same warranty could bias the contract heavily in favor of the property owner. Be aware that circumstances can affect the bias in any contract clause.

Even if you aren't concerned about fines and jail time, consider the impact if you get into a dispute before collecting final payment. The attorney for your client won't be impressed with your "legal in all 50 states" contract. More likely, you'll discover that the contract is either partially or totally unenforceable under California law. Game over! You lose. Run, don't walk, to the nearest exit. You're not going to collect another dime on that contract. If opposing counsel is charitable, you'll escape discipline from the state board. Persist and you'll get an invitation to do the perp walk at a state hearing.

When you see the claim, "legal in all 50 states," I recommend thinking "probably not legal in any state." The latter is far more likely than the former.

Click here to evaluate residential construction contract software for CA. The Try It download is free. Experiment all you want. When you're ready to begin delivering contracts ready for signature, just click a button to turn the trial version into the full Buy It version.