Articles

Disclaimer: Nothing in this blog should be interpreted as a substitute for professional advice from an attorney practicing in your community. Only local counsel can appreciate the business and legal environment under which a construction contract is drafted, negotiated and executed. Gary W. Moselle represents Craftsman Book Company, publisher of Construction Contract Writer.

Many times I’ve recommended inserting an arbitration clause in your construction contracts. Why? It’s conventional wisdom: Vendors usually win in arbitration. Arbitration typically costs far less than a court case. Courts won’t touch a dispute if the contract requires arbitration. Most arbitration awards are final, not subject to court review. Of course, there are exceptions. […]

Most residential solar contractors offer good contracts. Like banks and auto dealers, their model contracts are drafted by attorney specialists. That’s good because most residential solar jobs have a complication — commercial financing. That’s part of the sales pitch. Savings on the customer’s electric bill might cover most of the monthly finance charge. For PV […]

Are You Ready for the 2024 Storm Season? The National Weather Service expects an active hurricane season in 2024, including tornadoes, flooding, hailstorms and 4 to 7 major hurricanes. FEMA advises: “individuals and communities need to be prepared today.” For residential contractors, that means you should be getting ready to do storm damage repair work. […]

Ty and Carissa Schott planned to add a pool in the back yard of their Allegheny County Pennsylvania home. Country Pools bid $53,160 for the work and got the job. The Schotts advanced $26,580 as a deposit. To get their backyard ready for the pool, the Schotts paid separate contractors over $20,000 to install a […]

More on HomeAdvisor (ANGI) If you’re a residential contractor, you’ve probably been solicited by HomeAdvisor, better known as Angi or Angi’s List. HomeAdvisor was back in the news last week. A federal court certified a class of “service providers” authorized to bring suit against HomeAdvisor. If you’ve paid HomeAdvisor for annual membership or leads in […]

Every Contract Requires a Meeting of the Minds Dr. Julie Clark, a Tennessee veterinarian, wanted to fix up her home before selling. After a meeting on site, Dr. Clark selected Jeffrey Givens, a handyman, to do the work. According to Dr. Clark, she agreed to pay Givens $9,775 for a total of four tasks: $8,500 […]

Get Reimbursed for Your Attorney Fees: Dianne Lee bought a new home in Contra Costs County, just east of San Francisco Bay. Her new house didn’t have a pool. And she wanted some exterior improvements. Dianne selected David Cardiff of Advantage Pools Bay Area to do the work: a pool and spa for $88,400, a […]

When a job goes bad, you better have a good contract. That’s a point emphasized many times on these pages. But a New York case decided last month offers an interesting twist on this theme. When a Syracuse, NY job went south, the contractor claimed the agreement he drafted was void and unenforceable. Let’s see […]

Frank Salame owns a home in Pomona, California. Eleven months out of the year, Frank works in Lebanon as an engineer on building projects. When no one is home in Pomona, Frank has a friend, Antoinette Auon, look after his house. While Frank was in Lebanon, neighbors noticed a liquid leaking from under the garage […]