If you're a North Dakota construction contractor, you need to be good at writing North Dakota construction contracts.
Once installed on your Windows computer, Construction Contract Writer will make it easy to draft enforceable North Dakota contracts that fit your jobs precisely and avoid the penalties imposed by North Dakota and federal law.
- North Dakota's Right to Repair Act, Century Code Section 43-07-26, requires certain disclosures if the work consists of construction, improvement or repair of one- or two-family homes. Failure to provide the required disclosures is a class 2 misdemeanor punishable by up to 30 days in jail and a fine of $500 or both under North Dakota Century Code Section 22-6-2.
- North Dakota Century Code Section 47-14-05 voids any interest rate in the contract which exceeds the maximum permitted by law.
- Any attempt to shorten the time allowed to bring suit is void under North Dakota Century Code Section 9-08-05.
- Contract provisions for retainage may not exceed the maximum allowed by North Dakota Century Code Section 40-22-37 or 43-07-23.
- Payment terms in a subcontract which do not comply with North Dakota Century Code Section 13-01.1-06 subject the contractor to a charge of 1-3/4% per month for any delinquency.
- North Dakota Century Code Section 9-08-04 voids any contract clause which sets a penalty for breach of contract.
- Failure to provide the cancellation notice required by North Dakota's Home Solicitation Sales Act (Century Code Sections 51-18-01 to 51-18-09) is a class B misdemeanor (Section 51-18-09) and makes the contract void (Section 51-18-04.3). A class B misdemeanor is punishable by a maximum of thirty days in jail and a fine of up to one thousand dollars, or both (Section 12.1-32-01). Failure to comply with the Act is also a violation of North Dakota's Sales or Advertising Practices Act, Century Code Chapter 51-15.
- 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.