Contract with Builder

mr_edge_to_you

Hi Guys,

We've just about finished all the paper work prior to breaking ground, touch wood. Interested to see what you opinions are on this one?

I cannot believe that most home-builders don't arrange a contract between themselves and their builder. The builder told me that most people don't use them, the engineer advised we use one (as he would!!) and the solicitor said it was not very common.

I would've thought that a contract is normal for a transaction involving the sums of money concerned with a build.

We have decided to sign a contract with the builder, to be sure to be sure - provides some starting point if there is a dispute down the line. Builder has no problem putting his name to it. The engineer will administer it if a dispute arises during the build.

Have any of the rest of you used a contract or did you just plough ahead using the builders quote?

(I hope I'm making sense)

Cheers,
D.

muffler

Sadly I have to say that the majority of my clients dont sign a contract despite the advice given.

sydthebeat

muffler wrote: »

Sadly I have to say that the majority of my clients dont sign a contract despite the advice given.

+1...

they somehow see it as a symbol of mistrust of the builder....

madness, a contract protects both builder and client.

id say in over 10 years ive only been involved in about 5-6 projects where a contract was involved....

sinnerboy

At any given time we have at least 6 / 7 blue forms of contract "in stock- topped up" .

We use them as a matter of course .

We simply prepare it and in a no drama , matter of course manner table the document to the builder before he starts the work . And then hand it to the client .

If the client does not then sign it ( never happened once ) - EEJITS .

sydthebeat

sinnerboy wrote: »

At any given time we have at least 6 / 7 blue forms of contract "in stock- topped up" .

We use them as a matter of course .

We simply prepare it and in a no drama , matter of course manner table the document to the builder before he starts the work . And then hand it to the client .

If the client does not then sign it ( never happened once ) - EEJITS .

the problem from my end is that the vast majority of work goes from a planning to 'inspections' engagement... so after planning the next thing we hear is that the clients have a builder 'chosen' and how much is it for us to 'sign off' the work...

its a ridiculous system that should not be allowed....

sinnerboy

sydthebeat wrote: »

the problem from my end is that the vast majority of work goes from a planning to 'inspections' engagement... so after planning the next thing we hear is that the clients have a builder 'chosen' and how much is it for us to 'sign off' the work...

its a ridiculous system that should not be allowed....

Ouch !

Have you tried a nonchalant approach of " sure heres the aul' contract for signing" at the time for 1st stage payment .

Gently hinting that your cert may take an awfully lone time to to prepare .....

muffler

sydthebeat wrote: »

the problem from my end is that the vast majority of work goes from a planning to 'inspections' engagement... so after planning the next thing we hear is that the clients have a builder 'chosen' and how much is it for us to 'sign off' the work...

its a ridiculous system that should not be allowed....

Same experience here.

In fairness I never really get involved in the tendering process so the clients are left to their own devices but they all have their own builders in mind anyhow. Maybe its a rural thing, I dont know.

sydthebeat

sinnerboy wrote: »

Ouch !

Have you tried a nonchalant approach of " sure heres the aul' contract for signing" at the time for 1st stage payment .

Gently hinting that your cert may take an awfully lone time to to prepare .....

if you can imagine the phone call we get...

client: "hi syd, the mortgage crowd tells me we need to get someone to 'supervise' the build in order to draw down money... how much do you charge?"

syd: (breaks into long well rehearsed speech above 'inspections' verses 'supervision'... knowing deep down the client just wants teh cheapest possible quote)... ."so to do min 6 inspections we charge €x.."

client: "such n such will do it for €y...!! jaysus, why are you so dear?"

syd: "such n such is only 'doing it' part time after hours..... i have to do A, B and C to certify compliance... i doubt he is...

client: "hum, ok so..... by the way, they're pouring the foundations in the morning at 8.00am"...

syd: "thanks for the heads up !?!... we normally require 48 hours notice so we can organise ourselves, but ill be there any way..... have you a contract signed with this guy?"

client: "not at all!... sure he built the sisters house and thats grand, we really like the finish on the bay windows..... no need to complicate things... see you at 8?"

syd: "........"

Radiotower

Surely you have some sort of aggrement on paper regarding what is included in the builders price. I used to have my own small building company and no matter how small or big the job was I'd have a full breakdown of what was included and excluded in my price and when I'd need payments. We'd sign it (myself and client) and I'd make a copy for the client. It just made everything clear. Never got a solicitor involved, never had an issue or disbute once it was on paper.

It protected me as much as the client.

sinnerboy

sydthebeat wrote: »

if you can imagine the phone call we get...

client: "hi syd, the mortgage crowd tells me we need to get someone to 'supervise' the build in order to draw down money... how much do you charge?"

syd: (breaks into long well rehearsed speech above 'inspections' verses 'supervision'... knowing deep down the client just wants teh cheapest possible quote)... ."so to do min 6 inspections we charge €x.."

client: "such n such will do it for €y...!! jaysus, why are you so dear?"

syd: "such n such is only 'doing it' part time after hours..... i have to do A, B and C to certify compliance... i doubt he is...

client: "hum, ok so..... by the way, they're pouring the foundations in the morning at 8.00am"...

syd: "thanks for the heads up !?!... we normally require 48 hours notice so we can organise ourselves, but ill be there any way..... have you a contract signed with this guy?"

client: "not at all!... sure he built the sisters house and thats grand, we really like the finish on the bay windows..... no need to complicate things... see you at 8?"

syd: "........"

Nothing you can do for some people except - Give the punters what they want . We are mad lot !

mr_edge_to_you

Seems like we're doing the right thing so. From the looks of the people who replied obviously the people building don't worry about it too much. Thanks guys, as always much appreciated!