Feedback on terms of a deck construction contract?
I'm reviewing a proposed construction contract from someone who comes recommended and seems quite honest and good. Still, some of the legalese has me stumped, and I don't know provisions are standard, and/or what I should ask to have changed. (he said he's willing to make changes).
So here are my questions:
0. What level of drawings should be in the scope of work? Construction drawing? Engineering drawing?
1. Is 24 months a good time period for a warranty on a redwood deck, protecting us against "any patent defect or other faults that may appear"... due to defects in workmanship or materials? , and with exclusions for wear & tear, misuse, neglect, negligence..]
2. What's a patent defect?
3. Should we ask for it to be spelled out what would constitute 'neglect' or 'negligence'? Are there standard meanings for this? Like lack of sealer? Improper drainage causing rot?
4. Is it reasonable for the contractor to "under no circumstanced be responsible for any consequential loss or or damage.
5. Should the contract specify how much workmen's compensation / insurance they will carry? What should it be, [in California]?
6. If the Contractor doesn't work with reasonable diligence, or doesn't complete the work by ______ date, what should we be entitled to?
7. What does this mean? "No relaxation by a party of any of its rights in terms of this agreement at any time shall prejudice or be a waiver of its rights (unless it is a written waiver) and it shall be entitled to exercise its rights hereafter as if such relaxation had not taken place."
8. And, is it assumed, or should the scope of work or contract explicitly specify that the construction will meet / exceed IRB and local code [whether or not we decide to spend the $1-2K for a structural engineering review, and $2-3K for a permit (I value inspections but it feels like highway robbery for a 9. Lastly, I've gotten wildly differing differing estimates for the cost of an engineering review. Do we simply accept the $2K fee that this contractor estimated, or see if we can get the Thanks all!
Hopefully these questions and answers will be useful to others besides me!