If you're an Indiana construction contractor, you need to be good at writing Indiana construction contracts.
Once installed on your Windows computer, Construction Contract Writer will make it easy to draft enforceable Indiana contracts that fit your jobs precisely and avoid the penalties imposed by Indiana and federal law.
- A home improvement contract that does not comply with Indiana Code 24-5-11 can not be enforced against the property owner and entitles the property owner to recover three times actual damages plus attorney fees. Non-compliance is also a deceptive practice under Indiana's consumer fraud statute and makes the contractor liable for a fine of up to $5,000.
- Failure to include the notice required by Indiana Code 32-27-3-12 (opportunity to repair) forfeits the right to invoke claim settlement procedures available under Indiana law.
- Failure to comply with Indiana Code 24-5-10 (home solicitation) is a class C infraction punishable by a $500 fine. An owner injured by a deceptive contract may collect damages up to $500. A willful deceptive act can make the contractor liable for three times actual damages or $1,000, whichever is greater, plus attorney fees.
- Failure to include the disclaimer statement in Indiana Code 32-27-1-12 (home improvement) or 32-27-2-8 (new home construction) results in an implied warranty of workmanlike construction or habitability.
- Violation of Indiana Code 35-43-6 (home improvement fraud) is class A misdemeanor punishable by up to a year in jail and a $5,000 fine.
- Any attempt to waive lien rights in a non-residential contract may be void under Indiana Code 32-28-3-16.
- Indiana Code 20-2-5-1 voids any clause in a construction contract which requires indemnity of someone for their sole negligence.
- Omission of federal truth in lending disclosures required by 15 United States Code 1638 makes the creditor liable for both the overcharge and the debtor's attorney fees.
- Failure to include the disclosures required by 12 Code of Federal Regulations Section 226.15 extends the right of rescission to three years (rather than three days).
- Omitting 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.