"Bullet proof Contract"

[JacksonburgFarmer]

A while back, someone posted a link to a "Bullet proof Contract".....I think it was on this forum
Anyhooo.....Can I see it???? Looking over my contract, and trying to button it up some....before I have issues in the future....


I can be way to trusting sometimes.....that is gonna change!

 

[Jesse7623]

Make sure in the exclusions that removal of all debris is T&M
and the contractor nor any of its employees can be held liable for any damage incurred on or around the job site whether incidental or consequential arising from negligence or any other means whatsoever.

 

[charlietuna]

A "bullet Proof Contract" would be a stack of U.S. dollars stacked on your desk equal to your proposed price before you started the job!

 

[sparky 134]

I have language that stipulates the GC is personally liable for the amount due. No hiding behind the corporate veil.

Payments due w/in X amount of days. Interest may be charged thereafter.

No 'Pay as Paid' clause.

Payments received will go against Change Orders first.

Just to list a few.

 

[dduffee260]

You show me a lawyer who can write up a " bullet proof " contract and I will show you one that can rip it to shreds.

 

[Skyline Electric]

No 'Pay as Paid' clause.

These clauses are now illegal in California. When I first became an EC I got scammed by such a clause. The GC had a final payment of $100 due from the home owner but since he never invoiced the home owner for that payment, he was not liable for $100,000+ he owed the subs.

 

[charlietuna]

The standard AIA contract has all kinds of scheduals and payment requirements--problem is nobody goes by them. One mechanical contractor i know devised his own when he first went into business. As he ran into problems he would add wording into his contract to cover that certain problem. Every year he made it a point to have his updated new items printed on new contract forms. It worked for him ! An example would be: he continued to have problems finding parking at the buildings downtown. He added"the contractor is responsible to provide on site parking"--thenone of his trucks was broken into--he changed it "the contractor is responsible to provide on site parking in a secure space". He told me it didn't take him but about two years to cover most of his problems, and as i looked at his list i could relate to every one of them! He said he had little trouble getting the contractors to abide by rules since they had signed the front side-his contract!

 

[LarryFine]

These clauses are now illegal in California. When I first became an EC I got scammed by such a clause. The GC had a final payment of $100 due from the home owner but since he never invoiced the home owner for that payment, he was not liable for $100,000+ he owed the subs.

You should have picked up the $100 from the HO and delivered it to the GC.