# what is your favorite contract clause?



## sparehair (Nov 21, 2008)

Should be a fun and informative discussion. :shifty:


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## wizendwizard (Nov 11, 2007)

Clause 1a.) 

NON-COMPETE CLAUSE:

Owner and all authorized representatives of Owner are not to contract or employ any contractor employees for a period of one (1) year from the completion of any work performed by this Contractor with said Owner/Agent within an area of fifty (50) miles radius from this job site.


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## ProWallGuy (Oct 17, 2003)

2. Due to insurance regulations and safety procedures, the customer, other contractors, workers, children, pets, and individuals will not enter the work area unless agreed upon by both the Contractor and the Customer. If other contractors, workers, children, pets, or individuals are to be present during the duration of the scope of work, the Customer shall not schedule or permit such activities that will interfere with or prevent the timely and successful completion of the work. If the Contractor must stop work due to interference of any nature, the Customer agrees to compensate the Contractor at the rate of $55.00 per man-hour until work can continue as scheduled. The Contractor shall not be held liable for any damage caused to its work by anyone other than the Contractor and its employees. The Customer agrees to compensate the Contractor at the rate of $55.00 per man-hour to correct all such damage.


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## rbsremodeling (Nov 12, 2007)

1. Homeowner will pay contractor all of his payments in a timely manner to avoid possible ass whopping from contractor.

2. Ass whopping are free of charge to homeowners during the original contracted period. 

3. However if change orders and delay of work occurs because of home owner changes any necessary ass whoppings are billed at the rate of 150 bucks an hour


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## MALCO.New.York (Feb 27, 2008)

1. If Contractor decides to knock off early and Imbibe, said Customer must join Contractor.


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## Deadhead Derek (Dec 3, 2008)

Fiorello: Hey, wait, wait. What does this say here, this thing here?

Driftwood: Oh, that? Oh, that's the usual clause, that's in every contract. That just says, uh, it says, uh, if any of the parties participating in this contract are shown not to be in their right mind, the entire agreement is automatically nullified.

Fiorello: Well, I don't know...

Driftwood: It's all right. That's, that's in every contract. That's, that's what they call a sanity clause.

Fiorello: Ha-ha-ha-ha-ha! You can't fool me. There _ain't_ no Sanity Clause!


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## wallmaxx (Jun 18, 2007)

I heard this one the other day...if it's legal...I like it.

Everything brought on site, to include all materials, appliances, fasteners, devices, and items used to fabricate and construct the contracted project are the complete and total property of the general contractor until the contract is complete and the contracted price has been paid in full.


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## MALCO.New.York (Feb 27, 2008)

wallmaxx said:


> I heard this one the other day...if it's legal...I like it.
> 
> Everything brought on site, to include all materials, appliances, fasteners, devices, and items used to fabricate and construct the contracted project are the complete and total property of the general contractor until the contract is complete and the contracted price has been paid in full.


That is a TOTAL "I own yer shiite and all that it is attached to" clause!!!!!

When I repo'd cars, ANYTHING that was PHYSICALLY attached to the vehicle, regardless of time of application, was under the ownership of the lien holder!!

So when it came time to repo, 10k of wheels and 10k of Stereo got repo'd as well! 

How ABSOLUTELY Perfect!!!!


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## drywallr41 (Nov 13, 2008)

I have a " This price is good for only 30 days" statement in my proposals. Does that count?


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## TigerFan (Apr 11, 2006)

sparehair said:


> Should be a fun and informative discussion. :shifty:


I am actually sitting down and adding it to my contracts this morning.

It is called the "ESCALATION CLAUSE".

I believe, firmly, that by the end of the year we will have hyper-inflation to the point that prices could rise as much as 20% in the course of a 3-6 month project.

If you are buying flooring in month 4 of a project, that $4 cherry wood could cost you $5 easily.

I think some of that is offset by heavy downward pressure on labor pricing though.

2009 is going to be a whale of a year.


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## threaderman (Nov 15, 2007)

Other than gross negligence,contractor will not be held responsible for incidental damage to plumbing or other utilities.


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## Mike Finley (Apr 28, 2004)

wallmaxx said:


> I heard this one the other day...if it's legal...I like it.
> 
> Everything brought on site, to include all materials, appliances, fasteners, devices, and items used to fabricate and construct the contracted project are the complete and total property of the general contractor until the contract is complete and the contracted price has been paid in full.


Only problem with that one is you're also accepting responsibility for theft and damage. Might not be that big of deal if it's just 2x4s and drywall, but $10,000 worth of Ipe for a deck, where the customer keeps leaving his gate unlocked and wood disappears or more for us $5000 worth of cabinets and fixtures, then that makes me too nervous. 

We use a clause just the opposite where they homeowner takes ownership and responsibility for everything once it's on their property.

Had a customer about a month ago where drunk daughter came home for the weekend, smashed her car or something into the cabinetry and scratched the hell out of everything. Customer had no idea what happened.  We knew, they knew, everybody knew what happened with little drunkette. :laughing:

Wasn't an issue since according to the contract once it hits their property it's there's. 

Something to think about.

I know why you have that clause to help you in case of a payment dispute, but I think your clause actually will be trumped by the local laws in regard to anything installed, might help you with things not installed.


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## BMAN (Aug 21, 2006)

"Prices subject to change without notice"


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## Winchester (Jun 29, 2008)

wallmaxx said:


> I heard this one the other day...if it's legal...I like it.
> 
> Everything brought on site, to include all materials, appliances, fasteners, devices, and items used to fabricate and construct the contracted project are the complete and total property of the general contractor until the contract is complete and the contracted price has been paid in full.


Not legal... If that were the case you could rip out the work you've done if they don't pay.

If you tried that here you'd be in the slammer.


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## Mellison (Aug 3, 2008)

For most interior work I use a 25' Fat Max.
One of my guys has a 16' Fat Max and I love the way it feels in my hand. 
Please, no wise ass comments about my employees 16' Fat Max in my hands.


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## MALCO.New.York (Feb 27, 2008)

Mellison said:


> For most interior work I use a 25' Fat Max.
> One of my guys has a 16' Fat Max and I love the way it feels in my hand.
> Please, no wise ass comments about my employees 16' Fat Max in my hands.


Oooops!!! 

Single Malt A'Workin for you today???


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## rbsremodeling (Nov 12, 2007)

MALCO.New.York said:


> Oooops!!!
> 
> Single Malt A'Workin for you today???


I think this was meant to go in the tape measure post. He needs to stop playing with his fat max and pay attention :whistling:laughing:


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## Mellison (Aug 3, 2008)

MALCO.New.York said:


> Oooops!!!
> 
> Single Malt A'Workin for you today???


Not yet. But I am sure it will make an appearance later this evening:clap:


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## Mellison (Aug 3, 2008)

Wow. I am in the wrong thread.
Malco, No Scotch yet. But truth be told: The Hoegaarden, Sam Adams and Heineken may have contributed.


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## MALCO.New.York (Feb 27, 2008)

rbsremodeling said:


> I think this was meant to go in the tape measure post. He needs to stop playing with his fat max and pay attention :whistling:laughing:



:w00t:And HOW do you know it is a FatMax.:w00t:


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## rbsremodeling (Nov 12, 2007)

MALCO.New.York said:


> :w00t:And HOW do you know it is a FatMax.:w00t:





Mellison said:


> For most interior work I use a 25' Fat Max.
> One of my guys has a 16' Fat Max and I love the way it feels in my hand.
> Please, no wise ass comments about my employees 16' Fat Max in my hands.



That's what He said but you know most guys lie about that stuff :shifty::w00t:


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## BHR (Jan 7, 2009)

"any unforseen items or items that do not meet the minimum code set forth by the Ontario Building Code will be required to be corrected at the expense of the client" 

I had a slum lord get whacked with that one in the summer. Took out a ceiling grid in the lower level to drywall and boy was there some major electrical violations.  Brought my friendly electrician in and made 15 points for giving him the pleasure of Roger Ramjetting the dirty bugger


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## steves (Feb 8, 2007)

*New AIA Supplemental General Conditions​Supplemental General Conditions
Article 1​*The work we want performed is clearly indicated on the attached plans and
specifications. The Architect, who has had plenty of college, has spent a lot of time
drawing up these plans and specifications, but nobody can think of everything. Once your
bid is submitted to the Owner- that’s it brother! From then on, anything wanted by the
Architect, the Owner, or any of his friends, or anybody else except the Contractor shall be
considered as shown, specified, intended, or implied, and shall be provided by the
Contractor without any expense to anyone except the Contractor.​*Article 2​*If the work is done without extra expense to the Contractor, then the work will be taken
down and done over again until the extra expense to the Contractor is satisfactory to the
Architect.​*Article 3​*The contract drawings are intended to be correct. If drawn wrong it should be discovered
by the Contractor, corrected, and done right at his own expense. It won’t cut any ice with
the Owner or the Architect if the Contractor points out the mistakes which the Architect
has drawn on the plans.​*Article 4​*The Contractor is not supposed to make fun of the Architect, his plans, or specifications.
If he does, then the same consequence shall apply as stated in Article 3 above.​*Article 5​*Any Contractor walking around the job site with a smile on his face will be subject to a
review of his bid.​*Article 6​*If the Contractor doesn’t find all the Architect’s mistakes prior to making his bid on this
job, or if he doesn’t have enough sense to know that the Architect is going to think up a
bunch of new stuff that has to be done before the job can be deemed complete, then the
Contractor shall provide any such items without extra expense to the Owner or Architect.​*Article 7​*Any evidence of satisfaction on the part of the Contractor shall be considered as just
cause for withholding Final Payment.​


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## sparehair (Nov 21, 2008)

payment due within thirty days of invoice date. Late fee of 10% of outstanding balance to accrue every thirty days there after.


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## Ed the Roofer (Dec 12, 2006)

I like the spec on all of the Brinker Restaurants out there, like Chili's and a whole slew of others, plus I saw it on Lonestar Steakhouse spec too.



It went something like this, with a full architectural drawing as part of the official plans and blueprints.

Contractor shall supply and maintain x amount of the following beverage for the architect and the owner.

Then is went into detail about how it was supposed to be kept at a certain temperature so and do avoid external condensation, plus how the proper way to open the bottle of beer, using the correct tools and the correct amount of pressure.

Ed


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## SmartConstruct (Jul 2, 2013)

BMAN said:


> "Prices subject to change without notice"


That doesn't scare homeowners away?


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## jproffer (Feb 19, 2005)

This is 4 years old, but you're right....

"Here's your contract, sir. You can see the price right here, it's $20,000 for that project.........BUT, if we decide we want more money, well then you'll just have to pay it.  ....sign here please"

I'd tell ya to GFY if you thought you were going to do the same SOW and try to charge me more than you had originally agreed to. 

If the scope changes, that's different.


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