If you're a Maryland construction contractor, you need to be good at writing Maryland construction contracts.
Once installed on your Windows computer, Construction Contract Writer will make it easy to draft enforceable Maryland contracts that fit your jobs precisely and avoid the penalties imposed by Maryland and federal law.
- Section 8-620 of Maryland's Home Improvement Law authorizes the Home Improvement Commission to collect a civil penalty of $5,000 for omission of any required notice or disclosure from a home improvement or home repair contract. Section 8-623 makes violation of the Home Improvement Law a misdemeanor punishable by a fine of $1,000 and 6 months in jail.
- Omission of any disclosure or notice required by New Home Warranties Act, Maryland Real Property Code Annotated Sections 10-601 to 10-610, can result in a fine of up to $50,000 and two years in prison under Section 10-609. In addition, Section 10-608 makes violation of the New Home Warranties Act an unfair and deceptive trade practice under Maryland's Consumer Protection Act, giving a home owner the right to sue for damages and collect attorney fees. Maryland Commercial Law Code Annotated Section 13-408.
- Failure to include an accurate "Certification by Builder" statement in a contract is a felony under Section 10-507-b-2 of Maryland's Custom Home Protection Act and makes the contractor eligible for a fine up to $10,000 and 15 years in prison (Section 10-507-b-2). Section 10-507-b-3 makes omission of any disclosure required by Maryland Real Property Code Annotated Section 14-117(j) or any other notice required by Maryland's Custom Home Protection Act a misdemeanor punishable by a fine of up to $1,000 and a year in prison. If omitting a disclosure or notice has resulted in a financial loss to a home owner, a court may order the defendant to stop working as a construction contractor (Section 10-507-c). Section 10-507-a makes violation of the Custom Home Protection Act an unfair and deceptive trade practice under Maryland's Consumer Protection Act, giving a home owner the right to sue for damages and collect attorney fees under Maryland Commercial Law Code Annotated Section 13-408.
- Maryland Courts and Judicial Proceedings Code Annotated Section 5-401(a) voids any clause in a construction contract which would indemnify someone against their sole negligence.
- 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 right of rescission to three years (rather than three days).
- 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.