Are you involved in a dispute with a contractor working on your home or business project? It’s likely due to the quality of the contract associated with the work (or the lack of one). What are the important elements in a contract with a home contractor and why is it important to work with the attorneys at the Watkins Firm to resolve the dispute? Disputes between a homeowner and a general contractor can involve substantial sums of money when it comes to San Diego real estate or business remodels. Our attorneys take a unique approach to resolving disputes that is designed to get things back on track in a timely and cost-effective manner.
The contract between a contractor and the project owner should be carefully drawn or reviewed by an attorney. The more vague the terms of the contract, the more a dispute is likely to occur. Contracts should always establish the roles of both parties as well as the “benefit of the bargain” both expect to receive. The contractor is expecting to be paid a certain amount of money for the project, and this is usually divided between a down payment, progress payments or “draws” and a payment upon project completion. The contract should identify the specific work to be performed, as well as the quality of the materials to be utilized and the workmanship and skill to be provided.
It is best to specify the exact materials to be used in terms of grade, manufacturer/part number, and the finishes associated with the project. The contract should specify the time frame from start to finish, dates for progress payments or draws and the mechanism which actually “triggers” a draw or disbursement to be due. There should be “sign-offs” at various stages often including approval of materials, approval of work along the way, and ultimately agreement that the project has been completed with a release of all associated mechanic’s liens.
These are just a few of the important elements in a contract with a home contractor. It is always best to carefully review the contract, ask a lot of questions and have it reviewed by an attorney. If you are involved in a dispute with a contractor we invite you to contact us for a free consultation at 858-535-1511.
