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Old 03-21-2013, 05:43 PM   #1
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I have a chance to do a job that I will make good money on but the homeowner wants me to sign a contract with an ending date of 8 days.It says that if I don't complete the work for ANY reason I will forfeit 5% per day over ending date.I should be able to finish the job in 5 or 6 days with no problem if it doesn't rain for a week.It rains quite a bit here on the coast in the spring and I am not going to agree to anything that says I lose every day I am at the mercy of the weather. Would you?

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Old 03-21-2013, 05:51 PM   #2
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Run!
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Old 03-21-2013, 05:54 PM   #3
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I don't gamble with weather and exterior work. I have no idea what it is like near you, but in New England, it is, um, "variable." Unless he has some pressing need for you to be gone in 8 days (wedding at his house, or something) it sounds a little weird. Like he is weird, or last contractor took foreverrrrr.
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Old 03-21-2013, 05:57 PM   #4
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geeshe, don't usually get those conditions on a small project.. sumpins up. Might be an idea to educate HO on weather/exterior painting
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Old 03-21-2013, 05:59 PM   #5
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Why not put in a line promising 5% bonus of total bill for each day under 8? Work a few hours a day more and knock it out!!

I agree with the weather addendum. That shouldn't count against any contractor.
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Old 03-21-2013, 06:37 PM   #6
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If the time allowed is adequate then I'd just give him what he wants with an adverse weather addendum. You can't control that.
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Old 03-21-2013, 06:39 PM   #7
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I would do it, but put it in the contract and make it clear that it is 8 workable days and everyday missed due to weather is unavoidable and doesn't count towards the agreed timeline.

Other than that don't do it unless you are almost certain it won't rain. I mean who knows, maybe the HO knows that it's going to rain a few days and is looking to save some extra cash
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Old 03-21-2013, 06:41 PM   #8
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Quote:
Originally Posted by cdaniels View Post
I have a chance to do a job that I will make good money on but the homeowner wants me to sign a contract with an ending date of 8 days.It says that if I don't complete the work for ANY reason I will forfeit 5% per day over ending date.I should be able to finish the job in 5 or 6 days with no problem if it doesn't rain for a week.It rains quite a bit here on the coast in the spring and I am not going to agree to anything that says I lose every day I am at the mercy of the weather. Would you?

Under NO circumstance do you agree to their stipulation...

You are the contractor therefore you write the contract.

This is what you agree to; (1) we will begin work at the job site at 8am and work until 5pm, without interruptions to the work schedule (weather permitting), for the duration of this job.
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Old 03-21-2013, 06:47 PM   #9
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I agree with Aaron.

I would agree to 8 workable days if you can do it in 5 or 6. If the HO is saying rain or shine than that is unreasonable and I would walk.
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Old 03-21-2013, 06:55 PM   #10
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Where does it end man? Well it starts with them telling you how to do your job? Already sounds like they think they know more about your profession than you do?! I would get a contract that is sown up pretty dam tight if i was bother with these people at all, (unlikely)!
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Old 03-21-2013, 07:04 PM   #11
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If you don't normally work weekends be sure it is 8 Business days and at the end of the contract state your companies normal business days with hours.
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Old 03-21-2013, 07:24 PM   #12
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Sounds like he watchs to much tv or looks stuff on the interweb, I say either run or as others said include weather and work week days excluding weekends. You are the one calling the shots not this know it all HO. I always tell the HO we can not control the weather so give or take a day or so if it rains. I would most likely run if a HO handed me a contract to sign let alone one worded like that. Tell him to add 15% for every day/hour you finish early if you go for it.
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Old 03-21-2013, 07:54 PM   #13
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I just got an email from the HO and we got it worked out.I sent him MY contract with bad weather days excluded and he was fine with it.LOL....said he hadn't thought about rain days.Said he has had bad experiences with contractors dragging out jobs before.He seems to be a pretty good guy,easy to get along with.We'll see how it goes.
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Old 03-21-2013, 07:58 PM   #14
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After reading a little about excusable and nonexcusable [compensable] project delays, it appears that a detailed contract description that identifies what would constitute either, would be in order. So long it is agreed upon by owner and contractor. For instance, "an act of God" would be excusable, where rework delays from shoddy workmanship would be compensable.

It would be dissapointing to lose a good job because the owner is anal and feels the need to charge for project delays. Therefore, maybe it would help you to avoid any delays by delegating the responsibility to the owner for securing equipment, materials, and scheduling the job before you even start.

Then again, this one has all the signs of a bitter outcome.
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Old 03-21-2013, 08:00 PM   #15
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Damn, I was too late! I knew I should have left the shop already. Oh well... good luck CD
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Old 03-21-2013, 08:01 PM   #16
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Quote:
Originally Posted by cdaniels View Post
I just got an email from the HO and we got it worked out.I sent him MY contract with bad weather days excluded and he was fine with it.LOL....said he hadn't thought about rain days.Said he has had bad experiences with contractors dragging out jobs before.He seems to be a pretty good guy,easy to get along with.We'll see how it goes.
That's great!

It's amazing what a mature and professional discussion with a customer can sometimes accomplish.
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Old 03-21-2013, 08:41 PM   #17
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Although you are happy with the outcome of your contract. I would never sign a contract with a HO, that has potential to cause me to forfeit any portion of my monies. Whether he was screwed by another contractor or not, that would not be my problem. If a customer doesn't trust my word, I don't want them. I personally would walk from this customer.
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Old 03-21-2013, 09:01 PM   #18
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Glad it worked out for you CD, now bust your arse to get it done before time runs out.
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Old 03-21-2013, 09:14 PM   #19
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On a side note, this is where it is always good to have your lawyer review your contract. Mine added a clause about "force majeuere"
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Old 03-21-2013, 09:17 PM   #20
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Quote:
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On a side note, this is where it is always good to have your lawyer review your contract. Mine added a clause about "force majeuere"
Good thinking there Slick !
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