If you're a West Virginia construction contractor, you need to be good at writing West Virginia construction contracts.
Once installed on your Windows computer, Construction Contract Writer will make it easy to draft enforceable West Virginia contracts that fit your jobs precisely and avoid the penalties imposed by West Virginia and federal law.
- On jobs with a price of $10,000 or more, West Virginia Code of State Rules Sections 28-4-1 to 28-4-7 requires a written contract that covers each of the points in Section 28-4-4.2. Failure of a contractor to comply with the Written Contracts for Services Rule can result in discipline by the West Virginia Contractor Licensing Board.
- Omission of any of the notices or disclosures required by West Virginia Code of State Rules Sections 142-5-1 to 142-5-4 makes the contractor liable for a fine of up to $5,000.
- West Virginia Code of State Rules Section 142-5-3.3 requires that home improvement contracts negotiated or signed at some location other than the office of the contractor include a notice of the buyer's right to cancel. Failure to include this notice of buyer's right to cancel is a deceptive act or practice under West Virginia's Consumer Credit and Protection Act and gives the property owner the right to recover the greater of $200 or actual damages plus attorney fees (West Virginia Code Section 46A-6-106).
- Failure to include the notice required for residential work forfeits the rights provided by West Virginia's Notice and Opportunity to Cure Construction Defects Act Sections 21-11A-1 to 21-11A-17.
- West Virginia Code Section 55-8-14 voids any clause in a construction contract which would indemnify a party for injury due to 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 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 subscription 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.