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Contracts

Started by jojo, February 28, 2012, 02:16:59 pm

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jojo

Hey everybody!
I just got a gig covering all the exam tables for an oncology clinic. They've chosen the fabric, and we're ready to go, but they want me to submit a contract/proposal. I've never had to do this before. Does anyone have maybe a template/sample contract they would let me look at?
Thanks much.

byhammerandhand

February 28, 2012, 02:46:27 pm #1 Last Edit: February 28, 2012, 07:29:39 pm by byhammerandhand
I've only done a few of these, for real property only.  But one thing I always add to any estimate (that I do in Quickbooks and looks very much like an invoice, except for the header, is that "Quotation valid for 30 days from date written."   This prevents someone coming along much later with items in much worse condition (or supplies like foam gone through price increases).

Below is the one I've used that I got from Nolo Press, and modified to treat my needs:

Home Repairs Agreement




Homeowner's name:   xxxxxxxx
Address:         xxxxxxxxxxxxx
Phone number:      xxx-xxxx
Contractor's name:       yyyyyyy
Address:          yyyyyyy
Phone number:       yyyyyyyy
Homeowner desires to contract with Contractor to perform certain work on property located at:             xxxxxxxxxxxxxxxxxxxxxxxxx
1. Work to Be Done
The work to be performed under this agreement consists of the following:
•   Itemized list...


2. Payment
In exchange for the work specified in Clause 1, Homeowner agrees to pay Contractor $zzz, plus applicable taxes, by cash or check as follows
•   20% payable at project start
•   Remainder payable at project completion.
Price includes list of items to do   If materials are supplied by Homeowner, it must be available prior to project start.

3. Time
The work specified in Clause 1 will begin on date mutually agreeable to Homeowner and Contractor, on or before date.  Work is estimated to take x-y days ).  Time is of the essence.


4. Completion
The work specified in Clause 1 is considered completed upon approval by Homeowner, provided that Homeowner's approval shall not be unreasonably withheld. Substantial performance of the specified work in a workmanlike manner is considered sufficient grounds for Contractor to require final payment by Homeowner.

5. Independent Contractor Status
Homeowner and Contractor agree that Contractor will perform the specified work as an independent contractor. Contractor
•   Maintains his own independent business.
•   Will use his own tools and equipment
•   Will perform the work specified in Clause 1 independent of Homeowner's supervision, being responsible only for satisfactory completion of the work.
•   Requires access to open front doors, electrical service and water.  
•   Requires a sheltered work area for work onsite.

6. Licensing and Registration Requirements
Contractor will comply with all state and local licensing and registration requirements for type of activity involved in the specified work:
•   Contractor is not required to have a license or registration for the specified work.

7. Injury to Contractor
Contractor will carry his or her own insurance. If Contractor is injured in the course of performing the specified work, Homeowner will be exempt from liability for those injuries to the fullest extent allowed by law.

8. Permits and Approvals
•   Homeowner will be responsible for determining which permits are necessary and for obtaining those permits.
•   Homeowner will pay for all state and local permits necessary for performing the specified work.
•   Homeowner will be responsible for obtaining approval from the local homeowner's association, if required.

9. Additional Terms
Homeowner and Contractor additionally agree that:
•   All agreements between Homeowner and Contractor related to the specified work are incorporated in this contract. Any modification to the contract must be in writing.  Modifications may include a change in contracted fees.
•   Homeowner has three days to cancel the contract without penalty.  Homeowner must notify the Contractor by registered mail or in person within the specified time.  

Homeowner's signature: __________________________    Date: _____________
Contractor's signature: ___________________________    Date: _____________

Change orders:
1. Description of change:
Modification of charges:  $
Homeowner's signature: __________________________    Date: _____________
Contractor's signature: ___________________________    Date: _____________

2. Description of change:

Modification of charges:  $
Homeowner's signature: __________________________    Date: _____________
Contractor's signature: ___________________________    Date: _____________

3. Description of change:
Modification of charges:  $
Homeowner's signature: __________________________    Date: _____________
Contractor's signature: ___________________________    Date: _____________





Remove and return to cancel contract within 3 days of signing:

I, _________________________ wish to cancel the home improvement contact between myself and Keith Mealy, dated ________________

Homeowner's signature: __________________________    Date: _____________

Receipt by Contractor: __________________________    Date: _____________



Keith

"Opportunity is missed by most people because it is dressed in overalls and looks like work." Thomas A. Edison

MinUph

If you have word and a letterhead just type out the proposal. Important information to include is.
1. Price
2. Sales Tax
3. fabric pattern and color
4. Any extras like new 2" foam on x number of tables.
5. Completion Time estimate
6. Starting date
7. Signature area with date.
8. Your guarantee
9. Hammer's note that the proposal is good for x days whatever your comfortable with
10. Payment schedule including down payment and final.
11. Date proposal is drafted.

  That should really do it. Bring 2 copies and have them and you sign them with date. It doesnt have to be complicated just what will be done, how much and when.
Paul
Minichillo's Upholstery
Website

jojo

Thanks guys; I was probably stressing unnecessarily.

Mike

staples has proposal / contracts  it what i use a proposal once signed its a contract.