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.

One of the advantages of written agreements include the fact that all the discussed conditions and terms are clearly stipulated in the document, including their risks, expectations as well as their responsibility in regards to the agreement. The disadvantage of oral agreements is that there is no proof of clear terms, roles or responsibilities of involved parties.

It is risky to depend on oral agreements as a member of any party because in case of complications, the involved individuals will invariably agree on what was formerly agreed upon. In the event of challenges, each party will have a shady memory in regards to the oral discussion precisely when complications erupt in the course of the scheme flow.

Basically, the idea of construction consents is to provide conditions and terms of the agreement. Other elements that are crucial for consents include a statement of whether dames caused by delay will be assessed and in case they will be, if they will be treated as liquidated or actual damages. Other auxiliary clauses include statements of handling notices, disputes, and liens, among others.

Moreover, convections usually help to ensure the involved individuals comply with the stipulated business procedures that are clearly stated in the document as per the discussion. Importantly, such agreements give the parties involved the capacity to agree and consider matters they could have assumed at the commencement of the scheme.

Construction convection is usually composed of various components such as time frames, budgets, warranty obligations, change procedures among others. Prices should be clearly stipulated and defined whether they are cost plus, fixed or guaranteed cost with cost plus.

When parties involved fail to include their terms in a written document, the law has the capacity to provide a default in case a dispute arises. Therefore by including the terms and conditions in a written consent, the involved persons can determine how issues will be tackled and avoid being subjected to default terms imposed by the law. Default terms can be unpleasant and unfavorable for all parties therefore it is only wise to always have a written and signed proof of the agreement.




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