Not every state requires a written contract to be binding. However, if it isn’t required in your state, you should insist that all terms of your agreement with your contractor are written down and signed by both you and them. Included in the written contract should be who is doing the work, what work they are doing, where the work is to be done, how long it will take to get the job done and how much the project will cost you. Read the contract over before it is signed to make sure it clearly and completely answers all of your questions. Additionally, make sure the contract specifies the following before your signature is ever added:
- Name, phone number, address and license number (if applicable) of contractor
- The contractor, sub-contractor and any suppliers’ pay schedule
- Estimated start and finish dates
- That the contractor is the one responsible for obtaining any and all building permits
- A detailed listing of all materials that will be required for the job, including: color, size, brand name, model, etc.
- Material and workmanship warranties, including the names and addresses of whomever is honoring the warranties (contractor, manufacturer, etc), the length of time of the warranty and any limitations to the warranty.
- Specifically what the contractor is responsible for doing as well as not. For example, will the contractor be responsible for cleaning up and hauling any trash from the site? If so, request a “broom clause” to clarify that the contractor will be responsible for any clean-up work necessary on the job, including getting rid of spills and stains that arise from the contractor working on the project.
- How any change orders will be handled. Change orders often come up on remodeling jobs. These are written authorizations to make changes from the original agreed project that the homeowner gives to the contractor. Since it can change the project’s schedule as well as cost, the contractor usually requires payment on the additional work before the work begins.
- Anything agreed to orally should be written down in the contract.
