As with any construction project, it is vital to have a vinyl siding contract in place to insure that your rights are protected and your siding contractor delivers the work that is promised. This small piece of paper will protect you in case the work is not up to your expectations, or is not completed at all.
Please note: The following is information only and should not be interpreted as legal advice in any way. Always contact a professional attorney for legal advice on any home related matters.
Basics Of A Vinyl Siding Contract
There is some basic information that needs to be included in any vinyl siding contract, these include your phone number, address and name of both you and the contractor. Other basic information is a clause that states you are hiring the contractor for certain works, and that they are not your employee.
When entering into vinyl siding contracts, contractors must note whether or not they will be using subcontractors. They should also provide proof that any subcontractors or suppliers are paid, in full, by the contractor for any services they rendered. This reduces the chance that legal action can be taken against you in the event that your contractor fails to pay their subcontractors or for supplies.
Scope Of The Work Clause
The most important clause to have in a vinyl siding contract is the scope of work. This section will list, in detail, all the important aspects of the work. It will detail how many people will be working on the job, the measurements of the project, and all other relevant details. This is the meat and bones of the contract. It is also important that there is a clause that deals with how changes to the contract will be handled. All changes should be made in writing and signed by both parties.
Include Important Dates Of Completion
It may seem obvious, but it is vitally important that you put all important dates in the contract as well. Many people forget this most basic detail. While it is important to include the start and end date of your project in a vinyl siding contract, there should be project date for other milestones of the project. When important deliveries will be made and when certain part of the project will be completed are all important dates that should included in the contract.
While optional, it is good practice to include a clause on damages in your contracts. This will state who is responsible for damages occurred during the project. All damages that occur during the project should be the responsibility of the siding contractors. It is important to have in writing who should pay for any damages the happen during the work.
Permits, Codes And Regulations
It is important to have a section that deals with who will get the correct permits for the job. This section should also state that the work must be performed within the correct codes and regulations. If you live in a housing development with specific policies about home remodeling, make sure that you meet their regulations as well. In most projects it is the job of the contractor to obtain these important legal documents. It is very important that you make sure your contractor obtains the necessary permits before any work is started. Without the proper permits you work may be deemed illegal, and have to be removed.
The final clause that should be the payment schedule. It is vital that you set the schedule for when to pay your contractor. Never pay up front, in full, for any work. It is totally normal for a contractor to want 50% before the work starts and the rest in one of two installments during the job. This will cover any upfront costs, like materials, before the job begins. However, breaking it up into one third upfront, one third at the mid point and the final third at the completion of the work.
A mediation clause simply states that if you or the contractor wants to take any legal action, the first step is mediation. Mediation involves an impartial mediator that listens to both sides and makes a decision that must be followed by both parties involved. Mediation clauses are helpful because they reduce the chance that your contractor tries to sue you (or vice versa) for something silly. If both parties of the contract know that they can’t threaten legal action — without the first step being mediation — the chances that a problem occurs is greatly reduced.