The Following Contracts are $30 each (delivered via email)

1.1 Short-Form Fixed Price Agreement: The short-form fixed price (lump sum) agreement gives the builder good, basic legal protection on smaller sized jobs such as simple residential and light-commercial remodels.

1.3 Long-Form Fixed Price Agreement: The long-form fixed price (lump sum) agreement is well suited for use on new residential construction and on larger residential and light-commercial remodels. It has extensive language to help identify many of the risks a builder faces on larger projects and clarifies how to handle the many problems that can, and often do, arise on larger jobs.

1.4 Addendum for Matching Existing Finishes: Re-modelers are often called on by owners, architects, or designers to match existing finishes both inside and outside a building. This form limits the builders liability when he is called on to work in this subjective area where opinions often can differ.

1.5 Rights of Rescission and Cancellation: State and federal consumer protection laws have given the owner the right to cancel or rescind many residential construction contracts within three business days of entering into those contracts. CA forms available.

2.1 Cost-Plus-Fixed-Fee Agreement: The cost-plus-fixed-fee agreement (a version of what is often referred to as a “time and materials agreement”) provides the owner with the opportunity to pay only for the actual cost of the work, plus a "fixed fee" covering the contractor's profit and overhead. The contractor has no financial incentive to increase project costs since he is not paid a percentage of these higher costs.

2.2 Cost-Plus-Percentage-Fee Agreement: The cost-plus-percentage-fee agreement is identical to the preceding cost-plus-fixed-fee agreement except that the contractor's fee is not fixed in the contract at a predetermined amount by the parties. Rather, in a cost-plus-percentage-fee agreement the contractor's fee is calculated as a percentage of the contractually defined job costs. This percentage is typically in the 10% to 25% range depending on the size of the job, your company's overhead, the number of other contractors bidding the project and how much you want the work.

2.3 Labor-Only Agreement: The labor-only agreement is one in which the contractor furnishes only labor, no materials. There are numerous variations on how the contractor can charge for his labor. There are also variations on how the contractor can charge for his markup or contractor's fee (profit and overhead).

3.1 Design-Build Pre-construction Services Agreement: There are many ways to approach a design-build customer. Some contractors may want to start off with a "Pre-construction Services Agreement" that covers the design aspects of the project, then follow up this agreement with a fixed price agreement after the scope of work is completely detailed and the owner is ready to sign a contract.

3.2 Design-Build Agreement: At the point in time when the design-build contractor has developed sufficiently detailed plans and specifications that have been approved by the owner, and the owner has given the contractor enough detail that he can accurately commit to a fixed price contract amount, the contractor can then provide the owner with a fixed price (lump sum) agreement. If, on the other hand, the design-build contractor wishes to establish a full construction agreement with the owner before all the construction details are known, the contractor may wish to use a design-build agreement, either on a fixed fee or cost-plus basis.

4.1 Change Order Contingency Fund: I recommend always providing the owner with a sample of your change order form at the time of contract signing. Review the change order form explain to the owner that some change orders are to be expected on practically every job. Explain they typically arise as a result of owner upgrades or betterments, work caused by concealed conditions unknown to the contractor at the time the agreement was provided to the owner, items specifically excluded from the agreement by the contractor which are later required or requested to be performed, or errors or omissions in the design documents prepared by the owner’s architect or designer. This form explains these items, and more…

4.2 Change Order Form and Accounting Summary: This change order form keeps the owner (and yourself) informed and constantly updated on how the financial status of the project is affected by change orders is a critical part of the contractor's job. Nothing shakes the owner's confidence (or the contractor's bottom line) quite like not knowing just how much money the owner has paid toward contract payments and different change orders, and how the original contract amount has been affected by change orders. This includes both increases and deductive change orders (those that result in a credit to the owner).

5.1 Short-Form Subcontract Agreement: This short-form subcontract can work well on both residential and light commercial jobs where you are working with subcontractors you have known and worked well with over an extended period of time. This short form covers many of the basic clauses I think should be included in any subcontract. Contains an indemnification clause that insurance carriers want to see in your subcontract.

5.2 Long-Form Subcontract Agreement: The long-form subcontract can be used on both residential and light-commercial jobs. It contains several expanded and additional clauses that give added protection to the general contractor. It is well suited for jobs with more complicated types of subtrade work or on jobs where you don't have a good, established working relationship with the subcontractor who will be performing the work. Contains an indemnification clause that insurance carriers want to see in your subcontract.

5.3 Subcontractor Information Form: It's a good idea to send a Subcontractor Information Form to new subcontractors when you give them plans to bid. You can also send it to your regular subcontractors to get their tax identification numbers, and to inform them about your current insurance requirements.

6.1 Long-Form Construction Invoice: This long form invoice is both an invoice and an accounting summary that is very helpful for projects that contain lots of change orders.

6.2 Short-Form Construction Invoice: The following is a sample short-form invoice that is useful for small jobs with one or two payments where no accounting summary is needed.

7.3 The Pre-construction Conference Form: You may want to use a pre-construction conference form on your medium-sized and larger projects. Present the form to the owners at the meeting where they will be signing the contract -- the pre-construction conference -- and have them review and sign this form at the same time. The purpose of this form is to assure that important aspects of the project and the accompanying paperwork have been reviewed by the owner and the contractor prior to the signing of the construction agreement. In addition, you usually should add clauses that establish some ground rules for job-site procedures and logistical details, such as safety on the site, work hours, use of a job-site sign, and access to a phone and a bathroom. Some of these clauses may seem nit-picking, but they cover issues that come up on almost every job site and which, if not addressed before work begins, can lead to tension and misunderstandings between the contractor and the owner and his family, especially when doing residential remodeling and repair work.

7.4 Ups and Downs of Remodeling: This is a simple information form that describes the common high and low points that occur during the course of a residential remodeling project can help owners better prepare for and cope with what lies ahead. By informing the owner about these things in advance, it's less of a surprise when the framing goes fast and is exciting, but the rough plumbing, electrical, mechanical, drywall, painting, finish woodworking, flooring, and counter top stages seem endless. This letter also tells the owner that doesn’t vacate during construction that his normal lifestyle will be disrupted to some degree as a result of disorder, dust, temporary loss of the driveway or utilities, and other inconveniences created by every remodeling project. Realistically preparing the owner up front for these typical problems may help later when tensions rise over inconveniences that invariably occur despite your best efforts.

8.1 Subcontractor and Supplier Bidding Checklist: The Subcontractor and Supplier Bidding Checklist provides a simple way to organize and compare prices from subs and suppliers. It also serves as a phone log indicating when various subs were called and who has quoted you prices. Most categories on the form also contain notes that remind you about some common ambiguities with specific types of subcontractors and suppliers. These are important to address and clarify before you rely on any prices quoted. Again, fine-tune this form to suit your needs and experiences.

8.2 The Estimating Worksheet: The Estimating Worksheet helps the contractor to remember all kinds of job costs when he runs down the list verifying that he has included everything in his bid (many jobs have some unique costs which should be written in the miscellaneous categories). Most items on the form are listed in the general sequence in which they come up on the job (e.g., permits, foundation, framing, finish, etc.). Remember, this is only a sample form. Add any additional categories of labor, materials, equipment, and miscellaneous costs that are frequently used on your jobs.

8.3 Preliminary Cost Estimate: The following Preliminary Cost Estimate form can be used with owners who want a written preliminary "ballpark" estimate, but who do not have a complete set of plans to bid. It also can be quickly filled out to satisfy owners whom you suspect may be just "tire kicking." I don't recommend wasting a lot of time bidding these prospects, but sometimes just keeping the door open with a "ballpark" estimate form like this will turn an unlikely prospect into a real job at a future date.