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Thread: outrageous and one sided contract language

  1. #11
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    When I did commercial Telecom years ago, we always work for the owner, not the general contractor. Was a double-edged sword, we didn't have to listen to the general contractor, or put up with him, he was also under no obligation to help us in any way shape or form. Most projects went well with just a simple handshake and friendly terms, however we did have a few that were unbearable, and a few owners that tried add change order after change order under the original price.

    After the first such job where the owner wanted everything including two kitchen sinks, we did not do change orders unless they were 100% paid up front, and we were not behind on payments for the phase we are on. No payment, no change orders... Simple as that.

    There was really not much they can do about it since low voltage or voice / video / data guys we're hired / contracted last minute after the owner realized the electrical contractor did not include that in his contract.

    As far as expecting the EC to finance the project, we are not banks.

    Back then, we did a lot of work out of state/ long distance, and the thing that got screwed up the most was timetables. Owner or general contractor is screaming we need you now, rush to the site only to find they are not even halfway done with whatever phase they say they're completed. those jobs were contracted with a specific number of trips per phase, and many times no one wanted to pay for extra trips due to their mistakes.
    Electricians do it until it Hertz!

  2. #12
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    Quote Originally Posted by JFletcher View Post

    Back then, we did a lot of work out of state/ long distance, and the thing that got screwed up the most was timetables. Owner or general contractor is screaming we need you now, rush to the site only to find they are not even halfway done with whatever phase they say they're completed.
    most extreme case I was involved with was when I worked for a company that installed Car Wash equipment

    job was 150 miles away, yes GC screaming need it now

    When we got there the walls were up but roof not started
    Dave Ruth
    Ready Electric

  3. #13
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    The OP is not looking for advice. He is looking to see if others have seen these type of contracts. I see one response that has answered his question.

    BTW, I have not seen or heard of that before but I generally don't do contract work
    They say I shot a man named Gray and took his wife to Italy
    She inherited a million bucks and when she died it came to me
    I can't help it if I'm lucky



  4. #14
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    The company I work for does big projects with big price tags. The contracts are highly detailed, very long, and contain quite a bit of garbage that really puts the GC at an advantage. My boss takes his red pen and draws a big red line through the stuff that he doesn't like and initials it. It goes back to the GC and they can either accept or not accept his changes, the latter of which are then negotiated.
    Rob

    Moderator

    All responses based on the 2014 NEC unless otherwise noted

  5. #15
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    Quote Originally Posted by flatlander View Post
    Hi all,
    I was wondering if you electrical contractors out there are seeing abusive language in subcontracts from General Contractors or owners
    yeah, i've seen stuff like that, but never on anything i've signed.
    so it doesn't affect me.

    it's a flashing red light that i've made a poor choice in someone to work for.
    i'd much rather have something like this, and walk away, then the other
    option, of having a vanilla contract, with you just not getting paid.

    i had a contractor pull a purchase order in the bay area friday, for
    a job i'm doing tomorrow. he'd given me two separate PO's, and cancelled
    one of them after issuing.

    so i drive six hours one way for one job, not two. round trip to san jose.

    not a problem i have to worry about again, as i'm not answering the phone
    if they call. they have sucked to work for for the last year, and i suspect they
    have someone else to do my work going forward. i hope so, for their sake,
    as it isn't me.

    instead, i'm pulling paperwork for tuesdays job, so i have it in the vehicle,
    so i can do tuesdays job on the way home.... from pismo beach.

    as i don't have two jobs in the bay area, i'm gonna take the jeep, do san jose
    first thing in the morning, and be jeeping in pismo my late morning. get a
    room in pismo for the night, and leave early and get back to marina del rey
    by 6 am tuesday.

    job scheduling is important. this one is working out ok.
    ~New signature under construction.~
    ~~~~Please excuse the mess.~~~~

  6. #16
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    Quote Originally Posted by brantmacga View Post

    The language I see the most that I won’t agree to is the change-order T&M + 10%, and trying to stretch the payment terms, which a lot of GC’s seem to be trying to do now. They’re (owners) trying to add a lot of change-orders after the job starts that should’ve been in the original scope, limit your markup, and then hold that money until the project is complete. So basically the owner wants you to finance part of the job at 0%. If you read your job specs the contract between the owner and GC is typically included there, and you can see what BS they’re trying to force on the GC, and right on down to you.


    Sent from my iPhone using Tapatalk
    That is a twist I did not think of . I just thought the rate was below standard and unbalanced. Not that it was to be used to pay less for work always desired.

    Wow.

  7. #17
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    I have been experiencing, from multiple engineering firms in my area, that their specs are specifically designed to be generic while still coving the liability of the engineering firm.
    Language like, any omitted information by the engineer or even approved submittals by the engineer are not the engineer's responsibility and any associated cost is the responsibility of the EC.

    There is very little effort put into the specifications and they want to push any responsibility off on someone else.

  8. #18
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    Quote Originally Posted by Nathangerke View Post
    I have been experiencing, from multiple engineering firms in my area, that their specs are specifically designed to be generic while still coving the liability of the engineering firm.
    Language like, any omitted information by the engineer or even approved submittals by the engineer are not the engineer's responsibility and any associated cost is the responsibility of the EC.

    There is very little effort put into the specifications and they want to push any responsibility off on someone else.
    That is the trend these days from nearly all trades and professions. Everyone wants to be paid well, but doesn't want to do anything, and doesn't want to be responsible for anything either. Never used to work that way.
    I live for today, I'm just a day behind.

  9. #19
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    Or the ever present, must meet code regardless of spec/ engineer/etc..
    But yet, when I called before the bid to tell you your out of code with your spec. You told me no time just bid the print & spec.!
    Lost many bids due to bidding correctly (what it should be) only to find winners got them as xtras.

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