Typical Construction Contracts

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Typical Construction Contracts

Postby Itchy » Fri Aug 19, 2005 9:32 pm

How about a thread where users can place/pick-up examples of construction contracts and hints/does/don'ts for contracts?

With the contract being such an important part of getting the job done correctly and on time I think it would be a good idea if as much help on this very important subject were available.
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Postby the limey » Fri Aug 19, 2005 10:00 pm

How bout a thread on where the customer actually knows what he wants and sticks to it :)
never seen one of them yet but they soon complain when the job goes over the original time span after they have given an extra million bahts worth of work...
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contracts

Postby dozer » Sat Aug 20, 2005 9:58 am

I think contract stuff should go under 'legal'.
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legal alien

Postby robint » Sun Aug 21, 2005 2:20 am

:D

Agreed

but you have a standard form contract available already from most stationers which says I agree to blah blah

then you write the building spec - in plain english

What I am saying is that you dont have to get distracted by lawyers and their methodology. The contract is simply a legal agreement to do the following things on both sides in the first part

the second part of the agreement covers exceptions

ie when things go wrong

We have a model form agreement used in the UK and is approved by the UK governing authorites (Masterbakers) which I can try and drag out, but I expect you real Builders know all about this?

If you havent then I'll try to get hold of a copy, then it will have to be watered down to fit local conditions


:shock:
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Postby the limey » Sun Aug 21, 2005 2:33 am

why would a builder be interested in baking stuff? well apart from dinner.

this site maybe of interest though
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standard agreement

Postby dozer » Sun Aug 21, 2005 9:37 am

As Robin says I think the standard agreeements (via the pre printed contract forms you buy at the Stationary) are fine, you just need to be aware of how to fill in the blanks and what conditions to add, for example when buying chanote land you need to make it subject to a resurvey.

The have all kinds of preprinted forms, agreement to buy/sell, construction, loan etc.
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contrax

Postby robint » Mon Aug 22, 2005 7:17 pm

:D

So I am not misunderstood here

you cannot buy a standard contract for construction in the stationers but you can buy a general aggreement contract which will then say words to the effect "I agree to the conditions set out in the Building specification for YOURHOUSE , dated bla bla "

The standard will say words to the effect "This agreement between YOUR NAME as the Client and HIS NAME as the Contractor and so on.

Its not rocket science

but a word of caution here before we all get too litigious,

its often said that such and such contract isnt worth the paper its written on. To some extent that is invariably true IF at the outset, there was no good will to the agreement when it was signed. If it was a bad apple from the start then it will only get worse.

So in reality the contract's main purpose is to set out what is required form both parties in sufficient detail to allow the work to be performed and accepted by both sides.

The minute you have to take the contract out of the drawer again and get litigious then you have failed.

Of course most domestic Clients havent a clue about this kind of procedure and probaly cant visualise a ground plan - then you must have a cardboard model made and spend time educating the Client

Any discussions and decisions/instructions must be written down. I used a simple form called a Project advise note in which all matters were hand written, copy to Client, original to Contractors file. The PAN always advised any cost and schedule implications. If the Client made changes these were immediately detailed as variation orders which had to be costed and planned and then signed off by the Client before work proceeded. It might sound bureaucratic but if you have the system in place from the start then its no sweat at all for the builder.

well thats my 2 satangs worth :D
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Postby robint » Mon Aug 22, 2005 7:33 pm




hi limey

this is the infamous federation of master bakers

unfortunately you cant get anything much out of the site unles you have paid up 250 quid for a memebrship. i beleive this outfit was the subject of poor reviews of builders in the uk. the accreditation was deemed worthless by the BBC program on rogue builders .I have a feeling that the guild of master craftsment was a similar shady outfit neither offering the Client any reassurance at all

but the UK is notorious for its rogue builders isnt it?

I had to have a flat roof done 10 years ago. As we know, flat roofs are a special problem area in the UK because of the inclement weather

I could do chapter and verse on flat roof designs, but its not Relevant to the LOS. What was particularly troublesome was the roofing contractor industry (I thought double glazers were the worst).

I immediately smelt a rat when I browsed throught the Yellow pages. Around 20 pages of contractors often with half page spreads promising 20 year guarantees bla bla. Curiously when I started phoning around, well over half the businesses were unobtainable (from a directly barely a year old). Of the others, 20% were only interested in large commercial work - fair enough. half of the rest were not interested in my flat roof (job too small) fair enough. The remainder turned out to be as big a bunch of cowboys and diddies I have ever met.

I ended up doing my own roof with the help of a pal.

Fortunately no one is likely to have a flat roof problem in LOS :D
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contract between contractor and contractee

Postby dozer » Tue Aug 23, 2005 8:32 am

its often said that such and such contract isnt worth the paper its written on. To some extent that is invariably true IF at the outset, there was no good will to the agreement when it was signed. If it was a bad apple from the start then it will only get worse.


If the contractor is a bad apple you will know right away because he will be trying to get most of the contract money paid before services are rendered. Luckily the client is in the drivers seat most of the time, only paying for services after they have been rendered to his/her satisfaction.

I would submit there would be very little difference legally between an expensive agreement written up by a lawyer and the standard one you can fill in by default at the stationeers unless there is something highly irregular about the situation.
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Postby Boon Mee » Wed Aug 24, 2005 12:59 pm

the limey wrote:How bout a thread on where the customer actually knows what he wants and sticks to it :)
never seen one of them yet but they soon complain when the job goes over the original time span after they have given an extra million bahts worth of work...

The problem is, folks always change their minds.
The worst ones I've seen yet are the Brazilians. Some of their homes looks like a maze with all kinds of walls coming out at strange angles.
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