Important Notes On Home Builder Contacts

By Gary Watson


The economic impact of an agreement is to shift or delegate risks. For instance when a contractor enters into an agreement with a supplier to purchase certain goods in future, the contractor is simply directing the risk to the supplier in case the prices increase in future. Similarly, the contractor assumes the risk in case the price of the goods reduce. Home builder contacts are therefore, of immense importance.

Once a builder and a client have come to an agreement to work together on a project and the builder commences the project, officially there is an agreement between the two, only that it is an oral pact. However oral agreements pose numerous risky possibilities of disputes hence making it necessary to put it down on paper. However, it is not mandatory that an agreement is written and signed, but it is relatively safer to have written down.

Among the advantages of official agreements includes the capacity to clearly state the conditions and procedures as orally discussed by both parties. Some of the elements included in official agreements include risks involved, obligations and the expectations of individuals involved. On the other hand it is rather unwise to rely on oral agreements because there is no official record on the terms that both parties agreed upon in case a dispute arises in future.

Prices in construction agreements ought to be clearly stated as well as defined whether they are fixed, cost plus or guaranteed price with cost plus. Additionally, such agreements should always indicate how variability in the nature of work, scheme period or pricing will be handled. Moreover, consents should illustrate the procedure of performance and the flow of events. It is also always important to stipulate the timing of each procedure in the process of the scheme completion.

Additionally, a clearly written agreement provides a clear direction at the commencement of project, as well as the procedure the parties will adhere to until the scheme is completed. This aids in ensuring smooth running of the scheme and eliminates the probability of landing in serious problems. Without a written agreement each party may have diverse assumptions regarding crucial issues of such project.

It is vital to understand that risks in a contract cannot be entirely allocated to one party alone. In common convection what happens is that in the event that there is a risk, it is directed towards one party up to a particular degree and then the rest is redirected to the other party. Various types of risks associated with construction projects include funding, design complications, acts of God, unexpected terms, regulatory risks, indemnity, among others.

Specifications to clarify include, number of plumbing connections, taps, power points and electrical appliances. Additionally it is crucial to counter-check the color and quality of paint for various surfaces in the building. Details on the terms of funding the project should be stipulated as well as what action should be taken just in case the mortgage request is declined.

Crucial issues such as alteration of nature of project, adjustment of scheme periods and pricing should be covered in the consent. Agreement documents should show a clear outlay of project in regards to work flow, terms and conditions and how to handle delay damages.




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