If you're a Vermont construction contractor, you need to be good at writing Vermont construction contracts.
Once installed on your Windows computer, Construction Contract Writer will make it easy to draft enforceable Vermont contracts that fit your jobs precisely and avoid the penalties imposed by Vermont and federal law.
- Title 13 Vermont Statutes Annotated Section 2029 makes it a misdemeanor for a home improvement contractor to (1) promise performance without the intention to perform, or (2) misrepresent a material fact about the terms, contract or property, or (3) use any unfair or deceptive act or practice to induce someone enter into or modify a home improvement contract.
- No agreement to arbitrate disputes is enforceable unless prominent and acknowledged in the agreement. Title 12 Vermont Statutes Annotated Section 5652.
- Any contract clause which would waive lien rights before work is done is unenforceable under Title 9 Vermont Statutes Annotated Section 1921(f).
- Any contract clause which would shorten the running of Vermont's statute of limitations is void under Title 12 Vermont Statutes Annotated Section 465.
- Payment terms that do not comply with Vermont's Prompt Pay Act, Title 9 Vermont Statutes Annotated Sections 4001 to 4009, are unenforceable and permit the contractor or subcontractor to collect interest at 12% plus attorney fees plus 1% of the amount wrongfully withheld.
- Failure to disclose the date when payment is expected from an owner obligates the contractor to pay subcontractors in compliance with Title 9 Vermont Statutes Annotated Section 4003(b).
- Omission of the notice required by Title 9 Vermont Statutes Annotated Section 2454(b)(2) is an "unfair act in commerce" and gives an owner the right to recover all money paid plus attorney's fees and exemplary damages up to three times amount paid.
- Failure to make federal truth in lending disclosures requires restitution of the overcharge and makes the creditor liable for 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.