Contract paperwork

[VTM]

I need help writing up the standard contract for grading, leveling, elevations surveys. Site prep. The way it goes. My company has been contracted to do
1. Clearing & grubbing
2. Grading leveling &site preparation surveying
3. Storm, sewer, water electric
And I sub out those to other companies

 

[CM1995]

Welcome from Central AL VTM! Glad to have you.!

We have a project going on in Huntsville now with another nice sized one coming up.

From my experience of being mostly a sub to GC's the GC's have their own contract that you have to go through with a red pen and when you're finished it looked like you killed a hog on it.

Who are your end customers? GC's, developers, land owners, homeowners/residential?

Moved the thread over to In the Office.

 

[VTM]

GC and I have subs that I want to create a contract with

 

[CM1995]

Do you have any contracts from GC's in the past you could "cut and paste" to make your own template? Something you could cobble together then have your lawyer draw it up. I've found my legal bills are less if I do the basic legwork upfront.

The basics to cover -

The obvious - Project location, owner, parties to said contract (GC - sub), date of contract, contract amount and scope of work (well defined)

Next would be insurance requirements, schedule including start date, duration and finish date.

Then what happens when the sub defaults and how that is handled. Best to have your lawyer write this in order to make it legally binding in AL.

Arbitration clause.

Other things to consider -

Indemnity agreements which can get tricky so I would suggest a lawyer for that as it overlaps with insurance requirements and riders.

Employee requirements such as must have a qualified supervisor on site that can make binding decisions. Recently I've seen a requirement for this individual to be fluent in English.

I've missed a few items but this is a good place to start.

 

[Keith Merrell]

Whatever you do, when spelling out items, make sure they are well defined and not open to much interpretation.

Scope of work very well defined.

Schedule and penalties for non compliance with schedule.

Right of way / conflicting trades.

Schedule schedule schedule.

As boring as it is, it is in the name - CONTRACTOR

Rock contingency

Right to suspend work if you are not paid. That may vary by state law...

Front load your contract. Make the items you complete already pay you for what you work on next.

 

[Former Wrench]

You might try going to your state DOT to obtain a copy of a contract from a completed, similar project. Study and use as a basis for your project needs.

 

[joelx777]

Post your contract here and we can look at it. Not legal advice of course. I write lots of my own contracts. Try to minimize liability if you can.