Hi all, I’m an ID attorney who deals with lots of construction issue claims. I am converting my garage into a bedroom. I have felt out about 10 different contractors, all who put their own price tag on the project ranging from $25-$36k. We have chosen a contractor we like, and I asked for his contract last night. All I got was a restatement of the estimate with a signature line—no contingency clauses, lien information, definitions, etc. How do I go about revising w/out sounding difficult?

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Why don’t you tell him you’re a lawyer, explain why his contract sucks, and offer him a better contract for him to use going forward and get a discount while you’re at it.

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OP, your baby will be in your room for the first few months at a minimum, maybe longer, so just FYI that you have a bit more time than you think. Good luck!

Construction lawyer here. I deal almost exclusively in contract drafting. Not uncommon for small contractors not to have a comprehensive contract. But many jurisdictions have home improvement protection laws that require certain terms in a written, signed agreement. What state?

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Can I get in on those forms as well?

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Don’t be that guy.

😂😂😂 "Don't be the guy that refuses to enter into an illegal contract that also doesn't afford you any protection whatsoever."

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In Florida, I'd definitely recommend protecting yourself with a contract. Especially considering our current market. And I hate to say this, but with as flaky and shady as some of these contractors can be around these parts - prevailing party fees. Not to say yours is, but you never know what could come up with how quickly things are changing here in the state.

In other words (because apparently those are hard tonight), mark up the proposal with language you want, or just propose a short and sweet one with the requisite statutory terms and the ones you really want along with your draw schedule.

What I do is tell the general contractor what I want, recently it was a kitchen remodel, and then listen to his ideas and start with a small piece of that. It takes longer this way, but no contract and lower risk. In your case, start with just enclosing the garage. That costs 3k? Give the guy $1,500 for materials and pay the rest upon completion. If that GC did acceptable work, consider using him for the next step, putting up the drywall.

Many states have laws that govern contracts for home improvement work. The contracts are required to follow a certain format, contain certain terms, etc. The impact of not having that kind of contract varies by state. It is definitely universally bad for the contractor. But in some states, the home owner is negatively impacted as well. For example, some states have funds set up to compensate homeowners damaged by defective work. But in order to be able to file a claim against the fund, you need to have a contract that complies with the law.

That is just the most basic answer. This doesn't address the impact of not having lien waivers, contractual indemnity, insurance terms, specific payment terms (stipulated sum versus cost plus), etc. Those would be very bad not to have, but most likely not illegal.

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