If you're a Delaware construction contractor, you need to be good at writing Delaware construction contracts.
Once installed on your Windows computer, Construction Contract Writer will make it easy to draft enforceable Delaware contracts that fit your jobs precisely and avoid the penalties imposed by Delaware and federal law.
- Under Delaware's Building Construction Payments Act (6 Delaware Code Sections 3501 to 3509), all prime construction contracts must include a clause (1) requiring payment within 30 days after the end of each billing period and (2) setting an interest penalty if payments are not made when due. Failure to include the required language is an unclassified misdemeanor punishable by a fine of $575 and a 30-day sentence under 11 Delaware Code Section 4206(c).
- Using anything other than the contractor's true name and address on a home improvement contract is a Class A misdemeanor under 11 Delaware Code Section 916-b-5 and is punishable by up to one year in prison and a fine of up to $2,300.
- Title 6 Delaware Code Section 2704 voids any clause in a construction contract which would indemnify anyone against their own sole negligence.
- In contracts for improvements to land only (such as curbs or sidewalks), 25 Delaware Code Section 2703 denies lien rights if there is no written agreement.
- Title 6 Delaware Code Section 3507 voids any contract clause which would make payment of a subcontractor contingent on payment by the owner.
- Omission of federal truth in lending disclosures required by 15 United States Code Section 1638 makes the creditor liable for both the overcharge and the debtor's attorney fees.
- Omission of disclosures required by 12 Code of Federal Regulations Section 226.15 extends the 3-day right of rescission to three years under 12 Code of Federal Regulations Section 226.23(a)(3) and 15 U.S. Code Section 1635(f).
- Omission of insulation disclosures required by 16 Code of Federal Regulation Section 460 can result in an $11,000 fine.
When a job goes bad, you better have an iron-clad contract. Consider what happens if you get into a dispute before collecting final payment. An attorney for the other side won't be impressed with your two-page "legal in all 50 states" contract. Most likely, you'll discover that the signed agreement is either partially or totally unenforceable under state law. Game over! You lose. You're not going to collect another dime on that job. Fortunately, there's a better way.
Just answer a series of questions -- like an interview -- to construct a legal contract for each project you take on. Construction Contact Writer explains in plain English what you need to know before answering an interview question. If you know the job and you know what the job requires, Construction Contract Writer will do the rest.
Whether you are writing commercial or residential construction contracts, you'll be able to anticipate where disputes could arise and settle them in the contract before they happen. Then include the warranty protection you intend, the payment schedule, and create subcontracts from the prime contract.
Resolve key issues in your favor with bias control.
Many contract clauses in Construction Contract Writer suggest a bias that favors either the owner, the contractor or the subcontractor. That allows you to shift burden or risk to a particular party. Want to draft a contract that protects the property owner? No problem. Need an aggressive contract that pushes the limits in your favor? That's easy. Of course, if you just want a balanced and fair contract, Construction Contract Writer will do that too.
Need legal help drafting a contract?
Construction Contract Writer even includes a feedback button to an attorney on the Craftsman Book Co. staff to help if you get stumped. This service is free, and you can expect a response within 24 hours.
When you're done, save the contract for future use or modification at a later date. Print contracts directly or export to MS Word or Adobe PDF for electronic delivery or archiving on disk.
Construction contract law changes. But don't worry -- update subscriptions are available. Your contracts have to change to stay in compliance. That's why Construction Contract Writer includes an 'Update' button. You'll be invited to click 'Update' when a change affects the contracts you're drafting. A connection to the Web is required.
Even experienced construction contract attorneys will find plenty of useful reference material in Construction Contract Writer.
Construction Contract Writer cites local court decisions and code sections relevant to key interview questions.