# Does anyone have contract examples for new fence construction



## kennydugan (Jan 6, 2009)

I just started a small fence company and need ideas for a contract. Does anyone have examples of contracts or agreements that I can look at to add or take away from mine. I will share what I have currently with you, but be warned, it's a long one. I also do fence staining and pressure washing, and i just modify the contract to suit the project, but if you have good examples, I would be appreciative.


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## Grumpy (Oct 8, 2003)

kennydugan said:


> I just started a small fence company and need ideas for a contract. Does anyone have examples of contracts or agreements that I can look at to add or take away from mine. I will share what I have currently with you, but be warned, it's a long one. I also do fence staining and pressure washing, and i just modify the contract to suit the project, but if you have good examples, I would be appreciative.


Just say what you are going to do, what you are not going to do, how you expect to be paid, what YOUR warranty is and what the manufacturer's warranty is (if any).

Proposal for Labor and Material to erect new fence on the property at the above address.

Utility Marking to be provided by J.U.L.I.E before commencement of any digging. Upon discovery of any utilities including gas, electric or communication, a change order may be required to address such discoveries. 
Tear down existing fence and dispose of all debris in a state licensed recycling facility.
Erect a new (type of fence) according to supplied plot of survey.
Fence posts to be spaced approximately X' apart and set x' deep in a bed of concrete. 
Customer to obtain permits at their expense.
Workmanship carries a 1 year guarantee. 
Jobsite to be left in a clean, neat and orderly manner on a daily basis. 
Cost for project.... $

Payment to be made as follows: 33% due at acceptance of this proposal. Remaining balance due upon completion of the work. 

I am not a fencing contractor but these are the pricipals of which I govern each proposal I write.


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## Fence & Deck (Jan 23, 2006)

Where are you located? I have a pretty comprehensive contract, but I paid a lawyer nearly $3000 to write it. If you like it, I would have to ask a small licence fee.
I am in Ontario Canada, so it must by law incorporate "The Consumer Protection Act". You could throw that part away, but the rest is relevant.


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## Grumpy (Oct 8, 2003)

Ohhh he wants the legal mumbo jumbo, the fine print. 

Since laws vary by area, sit down and think of every possible thing that can go wrong, then write up what you do not want to take responsibility for. Also what the customer is responsible for. Now take that chicken scratch to your lawyer. 

$3,000 wow either you got a book long document or need a new lawyer.


I have a standard service agreement which I have printed on the back side of every one of my proposals. I have posted it here on this forum many times so just do a search for "Service agreement" and something should pop up.


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## kennydugan (Jan 6, 2009)

Yeah, the legal stuff. The one I have is 11 pages of legal talk, that can be very over whelming to a customer, but after looking at some service agreements, there's more I can add. I just think that maybe too much is too much, if that makes sense...Mine not only protects me, but it has some stuff in there protecting the customer as well. go to my website and email me www dfwdeckandfence . net and I'll send you my current service agreement. I'm in Dallas TX, so some of our legal works are different than Canada, but I'm sure there's some stuff that works in both.


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## Fence & Deck (Jan 23, 2006)

My lawyer is a good friend, so he only charged me $300 and hour, which is 1/2 his normal rate.
The problem with contracts, as most of you know, is that customers simply don't care. They think they can enforce the clause in their favour, and discard the ones in my favour.
When that happens, you either eat the cost to make them happy, or you take them to small claims court.


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