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What Your Alteration Contract Should (At Least) Contain

Avoid paying with cash. Cheque and credit cards are preferable, and be sure to get a receipt for all payments.

A contract is a legally binding document that details the expectations and responsibilities of all parties involved in a home improvement project. It clarifies the goals of both homeowner and contractor, and it protects each party's rights regarding the project. 

Scrutinise your contract carefully before signing. (Even if it means having it checked by your attorney). This may sound obvious but you’ll be amazed how many well-meaning homeowners neglect this. Always ensure that the contract is not heavily biased in favour of the builder. Your builder has to accept some responsibility.

You must also ensure that the contract is signed before starting on a project. Also always make sure that all changes to the original contact, no matter how small, are documented and signed off by both parties.

Never negotiate in good faith. Put everything in writing. Should a problem or dispute arise, you’ll be thankful that you did.

Here are a few more pointers (with our compliments):

A good contract ...

  • Should be written on a company letterhead

  • Should contain the company's name, address, phone numbers, registration number and VAT number (if applicable)

  • Should contain the consumer's name, address (where the work is to be performed), and phone numbers

  • Is dated when it is written

  • Includes a detailed description of the work that is going to be performed

  • Provides exact amounts associated with each task included in the project

  • Includes an anticipated start and finish date

  • Provides a payment schedule

  • Includes a termination clause

  • Clearly states whether plan approvals are necessary and who will be responsible for having the plans approved, as well as who will be paying for this.

The Contract

Your contract should include the items listed below. Scroll down for a thorough overview, or click the links below for a summary of each item. Keep in mind that this is simply a guide - contracts vary significantly by project.

The Big Stuff
Contact Information
Scope of Work
Project Schedule
Schedule of Payments
Building Plans & Permits
Insurance

The Details
Contract Cancellation
Conflict Resolution
Builder's Liens
Warranties
Punch Lists
The Brass Tacks

CONTACT INFORMATION
It seems obvious, but make sure that you include in the contract the contractor's name, physical address, phone number, contractors all-risks insurance policy number and VAT registration number (if applicable). If there is ever a dispute, you will need to know where the company is located (you can't serve a summons if you don't have a physical address - a post office box number won't do!).
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SCOPE OF WORK
Require a complete description of the work to be done. This includes the overall scope of the work as well as individual aspects of the project; from foundation and framing to all finish work required. The type and quality of all materials should be spelled out, including manufacturers, brand name, quantity, weight, colour, style, and size. Be sure allowances for fixtures, floor coverings, etc. are sufficient to provide you with the level of quality you require. In addition, indicate all equipment, such as scaffolding or cement mixers, which will be used over the course of the project. If you have architectural plans, include them in this section as well.

If you decide to change the scope of the work during the job by either adding or subtracting items, you should make sure there is a written variation order, with project cost and timing changes signed off on by both the contactor and yourself.
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PROJECT SCHEDULE
Clearly define the project's start date, and secure from your contractor the approximate length of time it will take to complete the project. At the outset, ask that your contractor convey all potential conflicts that might arise due to other projects with which he or she is concurrently involved. You will find that most contractors are reluctant to sign a contract that includes late penalty clauses, but it still may be an item that you care to pursue. Finally, specify the time that workers will arrive and depart each day, and mention the days, if any, that they are not to work.
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SCHEDULE OF PAYMENTS
There are no hard and fast rules as to how a contractor collects his or her fees. Some don't collect until the work is completed, while others ask for 50% up front. The average is three payments; the first when the bulk of materials are delivered or when a foundation is poured; a second payment when the job is half complete; and 20% when the job is essentially complete. A holdback of 10% is normal until the job has been inspected and the paperwork is complete. There are two customary ways of paying for a large job:

 

a.

Cost plus flat fee: usually there will be draws set up with the homeowner. The contractor uses the draw to pay actual versus estimated costs, and submits all receipts and accounting on a regular basis. Flat fees average 13% to 20% and are usually paid, along with the draws, as the job progresses. This method allows great flexibility to make changes as the job proceeds, but it is more difficult to estimate the final cost.

 

b.

Fixed price basis. Your contractor estimates the job, and provides a contract with all materials and fees included. You and your contractor agree on a payment schedule, referencing stages of completion in the work.

In both cases above, it is up to you to be certain that each stage is indeed completed before making payment. If you're not familiar enough with electrical or plumbing work, for example, to know if the proper stage has been completed to make the payment, you might consider hiring a consultant to advise you.

Don't pay in full until the project is completely finished and you have completed your final inspection. For larger projects, don't make the final payment until you have passed the final building inspection.

Note: If financing is necessary, be certain that a clause is added stating that the contract is void or suspensive until financing is obtained.
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BUILDING PLANS & PERMITS
Be sure the contractor states in writing that he/ she will submit any building plans needed to the local authorities, obtain all necessary permits and arrange for all inspections required. If the work does not pass inspection, the contractor must bear the cost of corrections.
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INSURANCE
Make sure to do your homework on your contractor's insurance. Make sure that your contract mentions that the contractor has all risks insurance. This should include, but may not be limited to, general liability and worker's compensation for his or her employees.
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CONTRACT CANCELLATION
In nearly all cases, a contract may be canceled within three days after you've signed it - simply send written notice by registered mail and request a signed receipt from your contractor.
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CONFLICT RESOLUTION
In order to prepare for conflicts between homeowner and contractor that cannot be resolved, all contracts should include clauses specifying what forms of arbitration should be conducted and by whom.
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BUILDER'S LIENS
Your contractor has an automatic builder's lien over the improvements he or she makes to your property. This is a legal common law claim to real property until a debt is paid. If you aren't comfortable with this, make sure the appropriate language is in the contract forbidding it. 

Lending institutions have a standard waiver of builder's lien document that the contractor will have to sign before receiving any payments from them on your behalf. But if you're paying cash - be aware of this lien.

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WARRANTIES
Make sure the written guarantee on both labour and materials is included. This warranty should include the name and address of the party who will honour the guarantee. Also, the contract should stipulate if it is either a "full" or "limited" warranty. An average warranty for labour is for a minimum of one year. Require that you be given all written warranties provided with any appliances, materials or equipment used in the project.
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PUNCH LISTS
A punch list is an American term for a running tally of all outstanding items related to the project that the contractor must address. Include in the contract a clause stating that both the homeowner and the contractor must sign off on all items detailed on the punch list before the project can be deemed complete.
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THE BRASS TACKS
The brass tacks, so to speak, are those little details that can make the difference between a positive experience and a homeowner's nightmare. While there are innumerable things that you could address, here are some specific issues worth mentioning:

 

 

Project clean up: Will workers clean up everything at the end of each day? Will clean up require special effort, and at additional cost? Which party is responsible for additional cost incurred?

 

 

Equipment on the property: Will heavy machinery damage pavement, patios, the lawn, etc.?

 

 

Debris removal: Who is responsible for removing project-related debris from the site, and what is considered removal? Is the curb or alley sufficient?

And don't forget the smallest of details:

 

 

Toilets: Can workers use your home's toilets, or will you require portable toilets?

 

 

Telephone: Can workers use your home phones?

And there are plenty of others - think through and address every way in which your life and home could be affected by a major project prior to signing a contract.

And don’t forget to add the ‘hidden’ expenses to your estimate – electricity and sewerage connection fees, connection deposits, bond registration, interim interest, etc. A good builder will help work out these expenses.

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Our focus is the provision of a total service to you - from inception to successful completion of your building project.

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Monyakus Construction CC and Universal Coverings (Pty) Ltd

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