| November 2, 2005 |
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Each year, thousands of homeowner associations across the country engage in complicated renovation projects that run the gamut from siding replacement to roof overhauls to dryrot repair to new decks and fences. Aside from the complexity of the tasks themselves, all need a carefully crafted construction contract that not only describes the scope of work and price but includes the fine print. Contractors typically present contracts that address what's most important to them: the money. The scope of work described is usually very general, like "paint buildings." The contract rarely includes the "how" details, which is the part most critical to the HOA. For this, get independent consultants to provide the scope of work. Local paint suppliers, for example, will provide custom specifications to fit your surface and location. They will even provide a free progress inspection service to ensure the work is being done properly so that the material warranty is not voided. Similarly, take advantage of other knowledgeable consultants for complex and costly projects. While they aren't free, they are generally worth their weight in gold in making sure the work gets done right. They can often steer you to reliable contractors and substantially lower costs. Below is a list of contract clauses that should be included. Simply attach them as an addendum to your contractor's contract and make them a condition of acceptance. You should have a knowledgeable attorney review the contract as well.
While the fine print seems cumbersome and unnecessary, these clauses ensure either performance or consequences for failure to perform. These are clauses with a true cause. |
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