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Articles

  1. The No-Contract Contract

    Construction contract law can be more than a little complex. Every state has different requirements – notices, disclosures, warranties, waiting periods, penalties. The list grows longer every year as consumer protection laws multiply. What’s a contractor to do? I’m going to have a suggestion a little later. But first I’ll offer an example of what […]
  2. Get the Name Right on Your Contracts

    In January of 2015, Nicholas and Monica Koudela selected Bill and Bob Johnson to build their new single-family craftsman style home in Willowick, Ohio. The Johnsons offered a contract to do the work for $227,200. The heading on the signed agreement showed “Johnson & Johnson Builders” as the contractor. Johnson & Johnson Custom Builders, LLC […]

  3. Changes in Construction Contract Law for 2018

    Eighteen states have made changes to construction contract law in the last few months. Some of these changes are trivial. A few will affect nearly every contractor in the state. Here’s a state-by-state summary of the highlights:

  4. Should I Set Up My Own LLC?

    I’ve heard that contractors should do business as an LLC so they can’t be sued. Is that true? A conversation I had earlier this month answers the question. But first, let’s define some terms. Members of an LLC (limited liability company) get the advantage of limited liability (like a corporation) but have the option of […]

  5. What Warranty Do I Have to Offer?

    Last week I got a question from a contractor who had read the June 2016 Consumer Reports article on home improvement. He told me that nine out of 10 contractors in the CU article claim to offer a written guarantee of their work. He wanted advice on the guarantee he should offer. My answer: “Fine. […]

  6. Can’t I Just Fire My Contractor?

    This blog is for contractors. But I get questions from owners too. The most common is “Can’t I just fire my contractor – order him off my property?” I had a question like that last week. The owner was disgusted when his home improvement contractor damaged the existing electrical system, didn’t show up for days […]

  7. Directions to the Montana Supreme Court

    Mike Mandell owned a residential lot in Paradise Valley, just outside Livingston, Montana. It was a beautiful site for a home – overlooking the Yellowstone River. Mandell asked the Bozeman firm of Bayliss Architects to design his new home. Mandell and Bayliss met on the site and struck a deal: Bayliss would design a 2,000 […]

  8. When a Job Goes Bad

    A case decided in Indianapolis last week makes the point once again: Any time there’s a dispute on a construction project, the contractor better have a good contract. Jim Dorey didn’t and paid the price. Here’s what happened.

  9. Breach of Construction Contract

    Most construction disputes begin with a surprise. And no job can astonish better than rehab work. So how do you stay out of disputes on repair jobs? Maybe you can’t. But a case decided earlier this month in Maine may be a good model for contractors on residential and light commercial repair jobs. Chris Bond […]

  10. Changes: Here Comes the Judge

    Tom and Denise Ambrose wanted to add a pool to their home in Carmel, Indiana. They selected Dalton Construction to do the work. Dalton’s plot plan for the pool was approved by the city. Just to be sure, Dalton laid out the pool outline on the ground using metal stakes, string and orange paint. When […]

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