I’ve developed two primary ways to preventatively deal with construction disputes in a way that can minimize disputes and perhaps increase your profits.
If you get a larger contract, or one that you are uncertain about or have concerns about the owner, I am available to draft the contract for you or edit and revise the contract that you put together before you send it off to the owner. You may even consider when doing your estimating putting a little money in your overhead category on the project for my time and consider it a project expense.
Or, if you prefer a contract template that you can fill out on your own, there are a series of contracts and forms you can purchase from my office and use to handle various aspects of your contract administration. These forms were developed as a practical “tool” or guide for your contract administration needs (various types of contracts, i.e. fixed price, cost plus, design build, change orders, invoices, estimating and informational forms, and numerous other forms – see Forms tab on this site). The editable forms are in Word format and you fill in the project specifics. I also have a supplement for the California Home Improvement Contract laws that simplifies this confusing area of the law for those of you that do residential home improvement work in California. Contact my office directly if you are interested in that Home Improvement Contract Supplement for California contractors only.
The second way you can prevent or resolve many disputes is by utilizing legal consulting services offered through my office whenever a problem or legal question arises on a project, i.e. the 2 heads are better than 1 theory.
I like to provide convenient & easy access to construction related legal information (in office, phone consultations or email), assistance resolving payment disputes, and as noted above I have a lot of experience in construction contract review/drafting services. The idea is that an “ounce of prevention” at the right point in time can help a contractor to avoid or resolve some serious disputes and/or financial losses and whenever possible – litigation and preserve anticipated job profits. Those of you who have ever been confused by a contract, had to sue or file a Mechanic’s Lien to be paid, or been unable to collect on a valid Change Order know what I mean…
In California call me at (831) 476-8784 or email me if you want to order forms, have me draft a construction agreement for you or with you, have a legal consultation, have a dispute of some kind related to the construction business, or if you want to tune up your contracts and contracting procedures. I look forward to hearing from you and good luck with your projects!
No matter which side of the table you're sitting at, the best and most certain way to deal with the possibility of disagreements and disputes on a construction project is to plan ahead and take preventative steps to avoid them in the first place. Reviewing the checklist in the blog for contractors is another good step in that direction.
Gary Ransone, Esq.
LAW OFFICE OF GARY RANSONE
2825 Porter Street, Suite A, Soquel, CA 95073
Phone: (831) 476-8784
IMPORTANT NOTICE AND DISCLAIMER OF LIABILITY - READ THIS NOTICE CAREFULLY!
When implementing or relying on any of the information, contracts, or forms in The Contractor’s Legal Kit, you will be acting strictly as your own attorney. Neither the author, publisher, nor its distributors are rendering any specific legal advice to you by furnishing you with The Contractor’s Legal Kit.No representations or warranties, either express or implied, are given with The Contractor’s Legal Kit regarding the suitability or completeness of the information , forms, or contracts for your individual business, or the effect the use of the information, contracts, or forms will have on your own business or legal affairs. The information, forms, contracts, and software in The Contractors’ Legal Kit are intended to be used only as a starting point and should be thoroughly reviewed by an attorney familiar with the specifics of both your business and construction law in your local area, prior to your specific use. No generic set of forms and contracts like the one found in this manual can satisfy the unique needs and legal requirements of all contractors in all 50 states. The author and publisher hereby fully disclaim liability to any and all parties for any loss, and do not assume any liability whatsoever for any loss or alleged damages caused by the end user’s use and interpretation of the information, contracts, forms, and software found inThe Contractor’s Legal Kit whether such errors or omissions result from negligence, accident, or any other cause that may be attributed to the author or publisher.