Contracts
Contracts
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Everyone should receive the benefit of their contracts and have some certainty if things go wrong.
Everyone should receive the benefit of their contracts and have some certainty if things go wrong.
The contract is the most important part of a transaction, but it is frequently the least discussed aspect of the deal. Unfortunately, many types of contracts, and home remodeling contracts in particular, are fraught with issues. We have seen the best-intentioned parties wind up in the most contentious, yet avoidable, situations.
The contract is the most important part of a transaction, but it is frequently the least discussed aspect of the deal. Unfortunately, many types of contracts, and home remodeling contracts in particular, are fraught with issues. We have seen the best-intentioned parties wind up in the most contentious, yet avoidable, situations.
Pam has developed numerous contract provisions to clearly define expectations, responsibilities, and consequences for breach. Because contracts are enforced through lawyers and courts, they should be reviewed by a legal professional before signing.
Pam has developed numerous contract provisions to clearly define expectations, responsibilities, and consequences for breach. Because contracts are enforced through lawyers and courts, they should be reviewed by a legal professional before signing.
Waiting until you have a problem could be very costly. By that time, work has usually begun and the parties are not easily separated. An unclear contract complicates dispute resolution and delays project completion. Contact us today to avoid these headaches.
Waiting until you have a problem could be very costly. By that time, work has usually begun and the parties are not easily separated. An unclear contract complicates dispute resolution and delays project completion. Contact us today to avoid these headaches.
When should I contact a lawyer?
When should I contact a lawyer?
It depends. You probably do not need one if you are buying or selling a car or home. These transactions are standard. If you are entering into any significant service contract (e.g. a home remodel), however, you should consult a lawyer before you sign a contract or pay a deposit.
Hiring a lawyer before things go south sounds like a waste of time and money. But waiting until a dispute arises is not only more time-consuming and costly, it is also extremely stressful. The best time to solve a problem is before you have one. Remember, if the contract is breached or needs to be enforced, attorneys and other legal professionals commonly become involved.
And, while legal involvement is costly, it can quickly become a financial burden if a significant dispute arises over an ambiguous contract provision. Lawyers will need to comb through documents, conduct interviews, research the law, and formulate and write a convincing argument. If your lawyer cannot resolve the dispute with the other party, you will incur additional costs in settlement efforts. If those efforts are unsuccessful, litigation may commence, and costs will accelerate.
Our contract review service could save you considerable time, money, and stress down the road. We also provide drafting, editing, and negotiating services if needed. Contact us today to assist.
I've known my contractor for years, what could possibly go wrong?
I've known my contractor for years, what could possibly go wrong?
Whether your contractor is a blood relative or a close friend, you are not immune to the fallout of a bad contract. In addition to the litany of things that could go wrong in an arm's-length transaction, you could lose a cherished relationship or have lasting emotional baggage. As a result, our first recommendation is that you do not hire friends or family to act as your contractor.
If you choose to do so anyway, hiring a lawyer is essential. You are far more likely to ignore important pieces of your agreement because you both trust each other to do the right thing. The problem is that you may disagree about what "the right thing" is. And if a dispute arises, confusion and tension over important terms are virtually guaranteed, such as:
Terminating the contract (e.g. with/out cause, notice, etc.);
Project completion criteria;
Scope changes;
Dispute resolution;
Consequences for delays or overages; and
Scope of project and contractor's authority.
A well-drafted contract is critical to a smooth and successful project. Start your project off on a secure footing, and schedule a consultation to speak with us.
Should I complain to the Registrar of Contractors?
Should I complain to the Registrar of Contractors?
That depends on your situation, but we recommend speaking with an attorney prior to involving the Registrar of Contractors. An ROC complaint may be the best or only viable course of action in some cases, but an experienced attorney should always be your first call.
For more information, schedule a consultation to speak with us.
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