If you're a Maine construction contractor, you need to be good at writing Maine construction contracts.
Once installed on your Windows computer, Construction Contract Writer will make it easy to draft enforceable Maine contracts that fit your jobs precisely and avoid the penalties imposed by Maine and federal law.
- Omission of any of the 14 notices and disclosures required by Section 1487 of the Home Construction Contracts Act makes the contractor liable for a civil penalty of at least $100 and not more than $1,000. Section 1490(2). Omission of any required notice or disclosure is also an unfair trade practice, making the contractor liable for damages plus attorney fees and costs.
- Failure to make the disclosure required by Section 14506 of the Home Repair Transient Sales Act makes the contractor liable for a fine of up to $2,000, imprisonment for up to one year and is also an unfair trade practice, giving the owner the right to sue for any loss that occurs and collect attorney fees.
- A fine of up to $1,000 and imprisonment for up to 6 months can be imposed for failure to give the notice required by Section 4662 of the Consumer Solicitation Sales Act.
- A subcontract which does not disclose payment dates under the prime contract makes the prime contractor liable for payment to a subcontractor even if the prime contractor is not paid. Maine Revised Statutes Annotated Title 10 Section 1114(2).
- Under Section 1483 of the Insulation Contractor Act, failure to provide 14 disclosures makes the contractor eligible for a fine of not less than $200 for the first offense and not less than $500 for each subsequent offense. In addition, violation of the Act is an unfair trade practice, giving the owner the right to recover any loss and collect attorney fees.
- Section 14704(2) of the Transient Sales Act makes failure to disclose the transient seller's license number and permanent place of business is punishable by (1) a fine of up to $2,000 and (2) imprisonment for up to one year and (3) is also an unfair trade practice, giving the owner the right to sue for any loss and collect attorney fees.
- Maine's Prompt Pay Act makes unenforceable any payment term which does not comply with Revised Statutes Annotated Title 10 Sections 1111 to 1120.
- 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.