No
Experience Needed
Very few construction
contractors draft their own construction contracts. Why not? There are three common
reasons.
Contract drafting is about contract law, not construction. Who
has time to understand all those statutes and court decisions? That's what lawyers
do. I'm a builder.
It's not really that important. Who reads all that boilerplate,
anyhow? I use a printed contract I found on the Web. No matter what the contract
says, my customers are always right. I'll make it good if there's a contract dispute – even
if the contract says I don't have to.
I'm too busy. I don't have time to write a custom contract for
every job. Having an attorney do that for me is out of the question. I have other
priorities and better ways to spend my money.
Take a look at these three excuses to see if Construction Contract Writer
could
change your perspective.
Excuse 1: It's About Contract Law, Not Construction
Part true and part false. Drafting construction contracts is about both law and
construction. But it's probably easier for a construction contractor to master the
basics of contract law than it is for an attorney to understand the essentials of
construction. Sure, it's possible to make a mistake. But there are good ways to
avoid the most common errors.
Construction contract-drafting mistakes fall into three categories. The first is
business risk. Is it a good deal or a bad deal? Will you make money on this job?
Lawyers usually don’t give advice on that topic. Business risk is your decision.
If you've been a construction contractor for a while, you're probably an expert
at business risk. Nothing a lawyer can do and nothing in Construction Contract Writer
will eliminate your business risk.
The second category of contract mistakes is compliance with state and federal law.
Many states won’t let a contractor sue to collect the contract price if the contract
doesn’t comply with state law. Both an attorney of your choice and Construction
Contract Writer can ensure compliance with state law.
The third category of contract-drafting mistakes is omissions. Does the contract
cover what happens when something goes wrong? Construction Contract Writer is very
comprehensive, offering a universe of options far broader than needed for nearly
any job. But you still have to answer the interview questions. If you don’t have
time to consider and understand the options available, maybe you need an attorney
more than you need Construction Contract Writer.
Of course, there is a middle ground. Attorneys are accustomed to reviewing contracts.
Produce a contract with Construction Contract Writer and get an opinion from legal
counsel before offering the document for signature. If your attorney suggests changes,
and if Construction Contract Writer can’t accommodate those recommendations, maybe
Construction Contract Writer is not the best choice for your work. If a Construction
Contract Writer contract is approved by your legal counsel, use that contract as
a model for all similar jobs. Construction Contract Writer makes it easy to clone
any contract on file.
On a difficulty scale, writing good construction contracts with Construction Contract
Writer is easier than preparing your own tax return with one of the popular income
tax programs. If you've used and like a program such as Tax Cut or TurboTax, expect
Construction Contract Writer to become another of your favorites.
Excuse 2: It's Not Really That Important
Clearly false. What the contract says is very important if you get into a dispute.
Courts in every state take contracts very seriously. And for good reason. The U.S.
Constitution (Article I, Section 10) makes it clear: No State shall pass any law
impairing the obligation of contracts. Courts really do read construction contracts
and try to make conscientious decisions about what the contract requires. Even if
you didn't read a contract you signed and even if you don't understand what it says,
a court (or arbitrator or the attorney representing your opponent) will read the
contract word-by-word to discern exactly what you must have intended. When deciding
construction contract cases, courts assume the parties meant what they said and
said what they meant. Consider that before signing any contract.
Excuse 3: I'm Too Busy
100% correct! Every contractor has higher priorities. But what if you could draft
a very professional, comprehensive contract that fits your job to a tee and complies
with state law – and do it in less than an hour? Would that change your perspective?
If your answer is anything stronger than "maybe," consider downloading the Construction
Contract Writer free trial. It's the full program except that printing is disabled.
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